The Harvard Crimson’s Zachary M. Seward reports this morning on his call with a Diebold spokesman, who confirmed that the company would not sue for copyright infringement any of the students who recently posted the e-voting-related memoranda. Last week, Diebold filed a motion with a federal court stating its intention to drop its copyright claims. Seward also reports that EFF staff attorney, and long-time Berkman fellow, Wendy Seltzer is still hoping that the court will rule that the students’ posting of the materials was covered by a fair use defense.
Here is what Bev Harris had to say at Buzzfash.com
BUZZFLASH: Do you think that they feared what would come out in the discovery process would only worsen the credibility of their electronic voting machines?
HARRIS: I think that they feared a congressional investigation. In my opinion, the lawsuit could have gone either way, but what made this unwinnable was Congressman and presidential candidate Dennis Kucinich placing the memos on his web site and then publicly calling for Diebold to step down on its DMCA claims. There were other pressures from congress that I cannot release the details on. The U.S. Congress will, I believe, have a historic impact on this issue. By the way, if you are an assistant to a congressperson and you are reading this, e-mail me at Bevharriscontact@aol.com. And that includes Republicans.
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