For Immediate Release: Thursday, October 16, 2003

ISP Rejects Diebold Copyright Claims Against News Website

EFF Defends Right to Publish Links to Electronic Voting Memos
Electronic Frontier Foundation Media Release

San Francisco - Defending the right to link to controversial information about flaws in electronic voting systems, EFF announced today it will defend an Internet Service Provider (ISP) and a news website publisher against claims of indirect copyright infringement from the electronic voting machines' manufacturer.

On October 10, 2003, electronic voting company Diebold, Inc., sent a cease-and-desist letter to the nonprofit Online Policy Group (OPG) ISP demanding that OPG remove a page of links published on an Independent Media Center (IndyMedia) website located on a computer server hosted by OPG.

Diebold sent out dozens of similar notices to ISPs hosting IndyMedia and other websites linking to or publishing copies of Diebold internal memos. OPG is the only ISP so far to resist the takedown demand from Diebold.

"What topic could be more important to our democracy than discussions about the mechanics and legitimacy of electronic voting systems now being introduced nationwide?" said EFF Staff Attorney Wendy Seltzer. "EFF won't stand by as corporations like Diebold chill important online debate by churning out legal notices to ISPs that usually just take down legitimate content rather than face the legal risk."

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