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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:
  • Swarthmore College
  • United States copyright case law
  • United States district court cases
  • Electronic Frontier Foundation
  • United States computer case law
  • Case law stubs

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Diebold Drops Suits Against Voting Activists

Diebold Drops Suits Against Voting Activists

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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Disco Vinyl: Tribal Rites David Diebold s Disco Diary

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.


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


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.

David diebold homework page

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David diebold homework page

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