OPG v. Diebold . 337 F. Supp. 2d 1195 (N.D. Cal. 2004 ), more officially known as Online Policy Group (OPG), Nelson Chu Pavlosky, and Luke Thomas Smith v. Diebold, Incorporated and Diebold Election Systems, Incorporated (now Premier Election Solutions ), was a lawsuit involving an archive of Diebold's internal company e-mails and Diebold's contested copyright claims over them. The Electronic Frontier Foundation and the Stanford Cyberlaw Clinic provided pro bono legal support for the non-profit ISP and the Swarthmore College students, respectively.
United States District Judge Jeremy Fogel ruled that the plaintiffs' publishing of the e-mails was clearly a fair use, and that Diebold had misrepresented its copyright controls over the work, putting them in violation of section 512(f) of the Digital Millennium Copyright Act (DMCA) and leaving them liable for court costs and damages. [ 1 ] This was the first time 512(f) had been enforced in court, and set a precedent.The Online Policy Group
The OPG, a free donation-based web host run by Roger Klorese, David Weekly, and Will Doherty. was hosting the website for SF Bay Area Indymedia (Indybay ) when a story linking to the Diebold e-mail archive was posted to Indybay. The link wasn't a direct link to the e-mail archive: upon reaching the linked page, the reader had to click another link to download the memos themselves. Diebold sent legal threats to OPG, asserting that the memos were copyrighted and that Indybay was committing tertiary infringement by linking to a link to the Diebold memos. When Indymedia and OPG refused to act, Diebold sent legal threats to OPG's upstream ISP, Hurricane Electric (HE), effectively accusing HE of quaternary copyright infringement. This threat prompted OPG v. Diebold.The Swarthmore Coalition for the Digital Commons
Smith and Pavlosky posted the actual e-mail archive to the SCDC website in an effort to keep the memos available to the public. Diebold sent legal threats to Swarthmore College, asserting that the students were directly infringing upon their copyrights.References External links Categories:
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Students for Free Culture — Students for Free Culture, formerly known as FreeCulture.org, is an international student organization working to promote free culture ideals, such as cultural participation and access to information. It was inspired by the work of Stanford Law… … Wikipedia
Premier Election Solutions — Industry Electronic Voting hardware Consulting Founded Ohio (January 22, 2002) Headquarters North Canton, Ohio, United States Products AccuVote TSX, AccuVote OS, AccuView Printer Module, Global Election Manageme … Wikipedia
Cindy Cohn — is an American attorney specializing in Internet law. She represented Daniel J. Bernstein and the Electronic Frontier Foundation in Bernstein v. United States, and in 1997 was recognized by California Lawyer Magazine as one of the Lawyers of the… … Wikipedia
Free Culture Swarthmore — is a student group at Swarthmore College and the founding chapter of Students for Free Culture. It is better known by its former name, the Swarthmore Coalition for the Digital Commons, where it played a central role in the controversy over… … Wikipedia
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Electronic Frontier Foundation — Infobox Company name = Electronic Frontier Foundation type = non profit organization foundation = 1990, U.S. location = San Francisco, California key people = industry = Law num employees = products = revenue = net income = homepage = [http://www … Wikipedia
In a move hailed as a victory for free speech advocates, Diebold Election Systems has said that it won't follow up on its threats to sue those who published information that indicated flaws in the company's electronic voting machines.
"We have chosen not to pursue lawsuits," Diebold spokesperson David Bear said. He declined to give specific reasons for dropping the legal threats.Right to Know?
The dispute between Diebold and various voter rights activists arose after a hacker broke into a Diebold Web server in March and was able to access information concerning issues with Diebold election equipment. The documents that indicated flaws in the touch-screen voting machines and irregularities with certifying the machines for actual elections were leaked to the press in August.
Students at Swarthmore College published the Diebold information on a Web site they maintain and began encouraging students at other colleges and universities to do the same. Diebold subsequently sent cease-and-desist letters to a handful of U.S. colleges and universities. including Swarthmore and Harvard University.
Diebold used the controversial Digital Millennium Copyright Act of 1998 to pressure universities and Internet service providers to take down the copies of its internal information.Settling Down
Civil liberties organization the Electronic Frontier Foundation, along with the Center for Internet and Society Cyberlaw Clinic at Stanford Law School, sued Diebold on behalf of the Online Policy Group, a nonprofit ISP, and two Swarthmore students arguing the company abused the DMCA copyright law.
Diebold has now agreed not to pursue the legal threats or send any further threats to anyone who publishes the internal information about the voting systems. Furthermore, Diebold will retract earlier threats, the EFF said in a statement Monday.
The case has been ordered to mediation and remaining issues in the case are to be worked out in motions due on January 12 and January 30, 2004. A hearing has been scheduled for February 9, the EFF said. Diebold hopes to settle the lawsuit, company spokesperson Bear said.
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They have been extensively researched and contains playlists and reminisces from many people who were part of the scene and are still around to tell their tales. These books are especially valuable for Larry Levan fans who want to know more about this legendary d.j. and his rise to prominence. Also how different scenes were happening at times contemporarily such as Northern Soul, Studio 54, Punk/New Wave clubs, and finally the rise of High NRG and the exclusively gay clubs. Disco never died it just kept having it's name changed, altered, and in the end simply revived, sampled and re-packaged.
Then there are the more trashy gossipy type books like Joshua Gamson's The Fabulous Sylvester and the holy grail of this type of book Tribal Rites by David Diebold. Which you can see reviewed by clicking the link to my auction.
Tribal Rites is by far the rarest disco book out there. I sold my copy a few months ago and it got a pretty penny.5 comments:
David was my cousin, dn he would be very proud that his work is still being enjoyed by all. FYI, his mother Bobbie, passed away this week 11/22/09
Thanks to all for the kind thoughts
INFORMATION ABOUT THE S.F. NIGHT CLUB SCENE IS NOT COMPLETE I-BEAM, TROCADERO TRANSFER AND DREAMLAND.UPDATE INFO GALLERIA, GIFTCENTER.MOSCONE EVENTS AS WELL AS CONCEPTUAL ENTERTAINMENT,AND MICHEAL MALETTA SF. EVENTS. I PLAN TO GET FACTS ASAP TO ADD TO DATA
Mel Cheren is god!
Sam: Why do you say "Tribal Rites" is "gossipy"? In plane view on the cover it says: "the labels,producers etc. Does it not give factual info about that time-period,and the business of the clubs etc. How much is the book worth? The cover you show on website is not "THE ORIGINAL" issue!
Have you even read IT? I based my opinion on the words I read.
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The 2014 midterm election results may have been a complete farce. All it takes is one insider who knows how to flip a switch and the outcome changes. When it comes to voting, should we trust our votes to a computer that doesn't even spit out a receipt for confirmation? Do you trust your voting machine manufacturer?
When newly hired CEO Marissa Mayer kicked off her turnaround at Yahoo, she banned employees from working from home. When Andy Mattes kicked off h.
The consensus is that this presidential election may all come down to Ohio and a few other "swing" states, as it did in 2000 and 2004. If there are any voting irregularities to be found this time around, Ohio will be the place to look first.
A private equity company run by fervent supporters of Republican presidential nominee Mitt Romney bought the third-largest voting machine company in t.