Skip to main content ●About ●Contact ●Press ●People ●Opportunities ●EFF's 35th Anniversary ●Issues ●Free Speech ●Privacy ●Creativity and Innovation ●Transparency ●International ●Security ●Our Work ●Deeplinks Blog ●Press Releases ●Events ●Legal Cases ●Whitepapers ●Podcast ●Annual Reports ●Take Action ●Action Center ●Electronic Frontier Alliance ●Volunteer ●Tools ●Privacy Badger ●Surveillance Self-Defense ●Certbot ●Atlas of Surveillance ●Cover Your Tracks ●Street Level Surveillance ●apkeep ●Donate ●Donate to EFF ●Giving Societies ●Shop ●Sponsorships ●Other Ways to Give ●Membership FAQ ●Donate ●Donate to EFF ●Shop ●Other Ways to Give

Email updates on news, actions, and events in your area. Join EFF Lists ●Copyright (CC BY) ●Trademark ●Privacy Policy ●Thanks Electronic Frontier Foundation Donate Electronic Frontier Foundation ●About ●Contact ●Press ●People ●Opportunities ●EFF's 35th Anniversary ●Issues ●Free Speech ●Privacy ●Creativity and Innovation ●Transparency ●International ●Security ●Our Work ●Deeplinks Blog ●Press Releases ●Events ●Legal Cases ●Whitepapers ●Podcast ●Annual Reports ●Take Action ●Action Center ●Electronic Frontier Alliance ●Volunteer ●Tools ●Privacy Badger ●Surveillance Self-Defense ●Certbot ●Atlas of Surveillance ●Cover Your Tracks ●Street Level Surveillance ●apkeep ●Donate ●Donate to EFF ●Giving Societies ●Shop ●Sponsorships ●Other Ways to Give ●Membership FAQ ●Donate ●Donate to EFF ●Shop ●Other Ways to Give

Online Policy Group v. Diebold

LEGAL CASE

Online Policy Group v. Diebold

EFF helped protect online speakers by bringing the first successful suit against abusive copyright claims under the Digital Millennium Copyright Act (DMCA). This landmark case set a precedent that allows other Internet users and their ISPs to fight back against improper copyright threats. In OPG v. Diebold a California district court has determined that Diebold Inc. a manufacturer of electronic voting machines knowingly misrepresented that online commentators including IndyMedia and two Swarthmore college students had infringed the company's copyrights. EFF and the Center for Internet and Society Cyberlaw Clinic at Stanford Law School sued on behalf of nonprofit Internet Service Provider (ISP) Online Policy Group (OPG) and the two students to prevent Diebold's abusive copyright claims from silencing public debate about voting. Diebold sent dozens of cease-and-desist letters to ISPs hosting leaked internal documents revealing flaws in Diebold's e-voting machines. The company claimed copyright violations and used the DMCA to demand that the documents be taken down. One ISP OPG refused to remove them in the name of free speech and thus became the first ISP to test whether it would be held liable for the actions of its users in such a situation. In his decision Judge Jeremy Fogel wrote "No reasonable copyright holder could have believed that the portions of the email archive discussing possible technical problems with Diebold's voting machines were protected by copyright." In turn, Diebold had violated section 512(f) of the DMCA which makes it unlawful to use DMCA takedown threats when the copyright holder knows that infringement has not actually occurred. Outcome: In addition to creating the first caselaw applying 512(f) of the DMCA to remedy abusive copyright claims under the DMCA Diebold subsequently agreed to pay $125 000 in damages and fees.

Updates

Deeplinks Blog by michael | October 15, 2008

YouTube Responds to McCain Campaign's Letter

Yesterday, we wrote about the McCain-Palin campaign's letter to YouTube, highlighting how DMCA takedown notices can make online speech disappear from the Internet, even when the claims of infringement plainly lack any merit. Today, we bring you YouTube's response. YouTube's response points out, much like we did yesterday,... ●Read more about YouTube Responds to McCain Campaign's Letter

Deeplinks Blog byCorynne McSherry | August 25, 2008

EFF and ACLU of Northern California to ISPs and Content Owners: Do Your Part to Protect Political Speech

Coauthored by ACLU of Northern California Technology and Civil Liberties Policy Director Nicole A. OzerOn blogs, personal and political websites, and through user generated content sites, ordinary citizens in extraordinary numbers are recreating a public sphere and reinvigorating the democratic debate at the core of our political system. 46% of... ●Read more about EFF and ACLU of Northern California to ISPs and Content Owners: Do Your Part to Protect Political Speech

Press Release | October 15, 2004

Diebold Coughs Up Cash in Copyright Case

False Accusation of Infringement Results in Hefty Payment of Legal Fees, Damages California - The Electronic Frontier Foundation (EFF) capped its historic victory in a copyright abuse case against electronic voting machine manufacturer Diebold today. The corporation agreed to pay $125,000 in damages and fees. The settlement, a win for... ●Read more about Diebold Coughs Up Cash in Copyright Case

Press Release | September 30, 2004

EFF Wins in Diebold Copyright Abuse Case

Voting Machine Company Liable for Damages, Costs in Landmark Ruling San Jose - In a landmark case, a California district court has determined that Diebold, Inc., a manufacturer of electronic voting machines, knowingly misrepresented that online commentators, including IndyMedia and two Swarthmore college students, had infringed the company's copyrights. This... ●Read more about EFF Wins in Diebold Copyright Abuse Case

Press Release | November 3, 2003

Electronic Frontier Foundation and Stanford Law Clinic Sue Electronic Voting Company

PRESS CONFERENCE - LOCATION CHANGE! Since the court system assigned us a judge in San Jose, rather than San Francisco, the location of the press conference in the OPG v. Diebold case has changed to the location listed below. EFF invites media professionals in the... ●Read more about Electronic Frontier Foundation and Stanford Law Clinic Sue Electronic Voting Company

Pages

●1 ●2 ●next ﹀ ●last »

Legal Documents

July 16, 2007 Declaration of Benny Ng, Hurricane Electric July 16, 2007 Declaration of David E. Weekly, OPG Board Member July 16, 2007 Declaration of Luke Thomas Smith, Swarthmore Student July 16, 2007 Declaration of Nelson Chu Pavlosky, Swarthmore Student July 16, 2007 Declaration of Wendy Seltzer, EFF Staff Attorney July 16, 2007 First Amended Complaint - November 7th Version - Complaint and Exhibits July 13, 2007 July 13, 2007 Amendment to Application for Preliminary Injunction July 13, 2007 Declaration of Vincent V. Carissimi, Swarthmore College Counsel July 13, 2007 Letter of Cindy Cohn July 13, 2007 Proposed Preliminary Injunction Order July 13, 2007 Second Supplemental Declaration of Luke Thomas Smith September 30, 2004 Order granting summary judgment February 9, 2004 Transcript from Summary Judgment hearing January 30, 2004 Defendents' Opposition to Plaintiffs' Motion for Summary Judgment January 30, 2004 Plaintiffs' Opposition to Defendents' Motion for Summary Judgment January 12, 2004 Declaration of Cohn in Support of Plaintiffs January 12, 2004 Declaration of Laroia in Support of Plaintiffs January 12, 2004 Declaration of Pavlosky in Support of Plaintiffs January 12, 2004 Declaration of Sand in Support of Defendants January 12, 2004 Declaration of Weekly in Support of Plaintiffs January 12, 2004 Defendants' Motion for Summary Judgment January 12, 2004 Defendants' Notice of Motion for Summary Judgment January 12, 2004 Defendants' Proposed Order January 12, 2004 Plaintiffs' Motion for Summary Judgment December 5, 2003 Diebold's Answer to Complaint December 1, 2003 Scheduling Order Detailing Diebold's Withdrawal of Threats November 24, 2003 Diebold Response to Cohn Letter November 17, 2003 Supplemental Declaration of Benny Ng regarding Diebold's "second notice" to Hurricane Electric November 14, 2003 First Amended Complaint - November 14th Version November 14, 2003 Plaintiffs' Reply Brief on Preliminary Injunction November 12, 2003 Declaration of Nancy Reeves November 12, 2003 Diebold's Opposition to Motion for Preliminary Injunction November 7, 2003 First Amended Complaint - November 7th Version - Just Complaint November 7, 2003 Plaintiffs' Supplemental Brief Supporting Preliminary Injunction November 7, 2003 Supplemental Declaration of David E. Weekly November 7, 2003 Supplemental Declaration of Luke Thomas Smith November 4, 2003 Application for Temporary Restraining Order November 4, 2003 Diebold's opposition to TRO November 4, 2003 Judge Fogel's order, setting expedited hearing schedule for Preliminary Injunction Back to top

Follow EFF:

●mastodon ●facebook ●instagram ●x ●Blue Sky ●youtube ●flicker ●linkedin ●tiktok ●threads Check out our 4-star rating on Charity Navigator.

Contact

●General ●Legal ●Security ●Membership ●Press

About

●Calendar ●Volunteer ●Victories ●History ●Internships ●Jobs ●Staff ●Diversity & Inclusion

Issues

●Free Speech ●Privacy ●Creativity & Innovation ●Transparency ●International ●Security

Updates

●Blog ●Press Releases ●Events ●Legal Cases ●Whitepapers ●EFFector Newsletter

Press

●Press Contact

Donate

●Join or Renew Membership Online ●One-Time Donation Online ●Giving Societies ●Corporate Giving and Sponsorship ●Shop ●Other Ways to Give ●Copyright (CC BY) ●Trademark ●Privacy Policy ●Thanks