A New Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones Day Memos
Grok Headline matches for A New Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones Day Memos
The Importance of...: A New Pentagon
Papers Case - Newspapers, Blogs and the
Diebold/Jones Day Memos
The Importance of...: A New Pentagon
Papers Case - Newspapers, Blogs and the
Diebold/Jones Day Memos
04/24/2004 09:05 AMA New Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones
Day Memos .. protect the newspaper .. great story ..
roundup
corante.com/importance/archives/003325.html
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Diebold Chases Links To Leaked Memos
Diebold Chases Links To Leaked Memos
10/29/2003 09:12 AMDiebold Attempting To Suppress Leaked
Legal Memos
Diebold Attempting To Suppress Leaked
Legal Memos
04/23/2004 04:27 PMErnest Miller writes
"Last Tuesday it was revealed that Diebold was informed by its
lawyers that what it was doing was most likely illegal (Diebol
d Knew They Broke The Law With Uncertified Voting Machines).
Where did this information come from? Leaked legal memos from
Diebold's law firm, Jones Day. A judge has ordered that all memos not
already published on the internet be returned to Jones Day (A New
Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones Day
Memos). But, if you can't stop newspapers from publishing the
Pentagon Papers, why can you stop a newspaper from publishing memos
dealing with important issues regarding voting? Perhaps the lesson for
newspapers is that if you think the public should be informed, publish
as much as possible and don't try to hold back information for
"exclusives." "
The Diebold Papers and the Law
The Diebold Papers and the Law
04/24/2004 12:57 PMErnest Miller discusse
s a judge's ruling that the Oakland Tribune must return legal memos it was leaked about the latest Diebold
e-voting fiasco.
His main point, and it's a good one:
"Of course, one
might note that bloggers would have been much more likely to publish a
story based on the memos and publish all the memos simultaneously.
There would be nothing left to return to Jones Day under the judge's
order; it all would have been published on the internet. By trying to
maintain an exclusive, the newspaper has created the possibility that
the documents will be suppressed."
Scoop: Diebold Memos Disclose Florida
2000 E-Voting Fraud
Scoop: Diebold Memos Disclose Florida
2000 E-Voting Fraud
10/28/2003 11:09 PMTrusted Computing/DMCA vs. Diebold
Pentagon Paper
Trusted Computing/DMCA vs. Diebold
Pentagon Paper
04/23/2004 11:06 PMSlashdot Apr 24 2004 3:14AM GMT
All Iraq Prison Abuse Papers to Senate
-Pentagon (Reuters)
All Iraq Prison Abuse Papers to Senate
-Pentagon (Reuters)
06/08/2004 06:27 PMReuters - The Pentagon claims it has sent to a
Senate committee all documents from the Army investigation into
Iraqi prisoner abuses omitted from a report sent earlier to
Congress, a senator said on Tuesday.
Case Against Diebold To Continue...
Hopefully
Case Against Diebold To Continue...
Hopefully
12/02/2003 09:51 AMWhile Diebold quietly
backed
down from their legal threats against anyone hosting their
internal documents, showing that they knew their e-voting machines
were not secure, one of the groups suing them says they're going to
pus
h forward with the lawsuit to get a decision saying that such
whistleblowing (and especially just linking to others hosting such
documents) is not a violation of copyright law. Hopefully the courts
will hear the case. Unfortunately, recent history suggests that now
that Diebold has withdrawn their lawsuits, the court may say the
matter is closed - meaning that companies like Diebold can continue to
improperly use the DMCA to threaten anyone blowing the whistle, unless
those people can generate enough bad publicity to force the company to
back down.
Diebold drops DMCA case
Diebold drops DMCA case
12/02/2003 12:15 PMUSA Today Dec 2 2003 10:51AM ET
Australia to watch Diebold hyperlinking
case
Australia to watch Diebold hyperlinking
case
11/19/2003 01:34 AMZDNet Australia Nov 19 2003 0:22AM ET
David Weekly on OPG v Diebold case in
court today
David Weekly on OPG v Diebold case in
court today
11/17/2003 03:05 PMToday, a federal judge will hear arguments that will determine whether
or not e-voting manufacturer
Diebold
Systems can use the DMCA to force 'Net users into removing links
to online discussion archives stolen from Diebold earlier this year.
Those archives contain dialogue in which Diebold employees talk online
about problems with the company's e-voting products.
In the case being heard today, the nonprofit ISP known as Online Policy Group (OPG) and
two students from Swarthmore
College argue Diebold is exploiting copyright law in order to
silence criticisms about the security and reliability of their digital
voting systems. Representing them: The EFF and the Stanford Law School Center for
Internet and Society Cyberlaw. Last week, I caught up with Online
Policy Group (OPG) Colocation Director and Board member David Weekly for a quick IM chat
on the case:
Q: David, what's your involvement in OPG v. Diebold?
A colocation client of ours, indybay, was given a cease-and-desist for
hosting a website that contained a link to the content that Diebold
alleges infringes their copyright. OPG was contemporaneously served a
cease and desist - we were asked to shut down a client's server
because one of their hosted websites contained a page with a link to
content that Diebold alleged to be infringing. To make things wierder
yet, Diebold is claiming that the content may or may not be true -
i.e., that they may or may not have composed it. (Quick legal news
flash: you can't sue someone for violating your copyright if you are
not representing the author of the work!) When OPG consulted with its
lawyers, we determined that the cease and desist request was wholly
without merit, given both the probability that the underlying material
was non-infringing and that OPG could not be held liable for the
linking actions of one of its clients (tertiary infringement).
Diebold proceeded to defy sensibility and the law when they decided to
send a cease and desist letter to OPG's upstream ISP, Hurricane
Electric. They were effectively requesting that Hurricane Electric
terminate its contract with OPG, shutting off hundreds of colocated
clients and over a thousand not-for-profit websites, all because one
of OPG's clients was hosting a page that had a hyperlink to content
that Diebold felt was infringing. In this manner, they threatened
Hurricane Electric with quaternary infringement, which as far as I
know is completely unprecedented. By having a specious basis in
interfering with the contract OPG has with Hurricane Electric, they
violated contract law, which prohibits third parties from tortiously
interfering with the relationship between two parties bound by a
contract. So that one of the things for which OPG is suing Diebold.
Q: What's the significance of this case?
There are many consequences for the Internet if this case is decided
well. The following questions should hopefully be answered: Are ISPs
liable for hyperlinks that their colocated clients put on their
websites? Can you sue people for infringing copyright on a work for
which you refuse to claim authorship? Can you send out
cease-and-desist letters as freely as you wish? Can corporations use
copyright as a defense to try and cover up a leak that is in the
public interest, is not saleable content, and does not compete with
the company?
If the case goes well, it will mean that companies will be more
careful with their cease and desist letters. They will only send them
to parties directly involved in alleged infringements. This will
protect small ISPs and Internet cooperatives. It will also hopefully
lead to an increased understanding of copyright, which was not created
exclusively to make people rich, or even to give them infinite control
over their works, but rather to strike a balance with the public's
interest. That's the reason for which copyrights and patents were
created: to maximize the benefit to the public. If there were no
patents or copyrights, there might be less inventing, which would mean
the public wouldn't maximally benefit; so systems were created to help
make sure that inventors could have some temporary exclusive reward
for their creations, after which their works fall to the public
domain. This was deemed a balance that best benefitted the public.
Unfortunately, this philosophy seems to have all but evaporated. Such
talk sounds almost socialist in nature these days; copyrights (and
patents) feel like a tool, good for life (plus 70), to wield against
the public, not for the public. They are a "right to make money", and
there's really no discussion of what's in it for the public. The
public did, after all, create the government by the people and for the
people that created and maintains copyrights and patents. If the
balance is swaying unfairly in one direction, it's within the powers,
rights, and responsibilities of the people to correct that balance and
reform trademark and patent law to a balance that makes more sense for
the public interest.
Q: How is this different than other cease-and-desist orders
involving website content the suing party finds objectionable?
Most cease and desist orders for copyright infringement cover content
that
is: clearly owned by the claimant, directly competes with a product
offered by claimant (e.g., MP3 vs
CD/iTunes), in which the content has clear monetary value (e.g.,
people pay money for
CDs/iTunes), and in which the content has no clear public interest,
the content is not being used in a journalistic / academic context.
In this case: the claimant does not claim ownership, the content does
not compete with a product owned by claimant, the content has no clear
monetary value, the content has CLEAR public interest (what could be
more public interest than understanding the flaws in how voting, the
central tenet of a democracy, works?), and the content is being used
in journalistic and academic contexts.
Q: If Diebold wins, what does that mean for online free
speech?
Even if we were to lose on the content not being copyrightable, it is
very likely that we would win an injunction against Diebold for cease
and desist letter concerning tertiary and quarternary infringement. It
is hard to imagine losing that part of the case. If we did lose the
copyright part of the case, it would be quite a loss for the public,
as it would continue the current lamentable trend of reducing "fair
use" to a meaninglessly small subset of use cases.
Judge Jeremy Fogel of the federal district court in San Jose hears
Case Number C-03-04913 JF today, November 17, 2003.
Second Autopsy Results Could Differ From
First In Jones Case
Second Autopsy Results Could Differ From
First In Jones Case
12/12/2003 07:48 PMPaolello tried to find an expert online, and within seconds of typing
a few words in a Google search, hundreds of experts in Ohio appeared
ready to give an ...
Zeta-Jones Takes Stand in Stalking Case
(AP)
Zeta-Jones Takes Stand in Stalking Case
(AP)
07/28/2004 10:02 PMAP - Catherine Zeta-Jones took the stand Wednesday and read from 19
letters containing death threats written by a woman charged with
stalking the Oscar-winning actress.
Zeta-Jones takes stand in stalking case
Zeta-Jones takes stand in stalking case
07/29/2004 01:38 PMOracle, DOJ lay out case in court papers
Oracle, DOJ lay out case in court papers
07/09/2004 04:33 PMWith the trial stage over in the U.S. government's effort to block
Oracle Corp.'s hostile takeover of PeopleSoft Inc., lawyers for the
two sides filed court papers late Thursday that bring the case nearer
to its conclusion.
FBI Probes Pentagon Spy Case
FBI Probes Pentagon Spy Case
08/27/2004 07:37 PM
FBI Probes Pentagon Spy Case - Interesting how bad news
about the Bush Administration seems to always come out on Fridays -
"the FBI has a full-fledged espionage investigation under way and
is about to -- in FBI terminology -- "roll up" someone
agents believe has been spying not for an enemy, but for Israel from
within the office of the Secretary of Defense at the Pentagon."
Gilmore v. Ashcroft "Papers Please" case
update
Gilmore v. Ashcroft "Papers Please" case
update
09/07/2004 11:47 PM
Xeni Jardin:
Bill Scannell says,
Lawyers for John Gilmore filed their opposition to a Department of
Justice attempt to file a secret brief in a case that involves secret
law. The case, Gilmore vs. Ashcroft, is now before the 9th Circuit
Court of Appeals. DOJ filed a motion last Friday asking the Court's
permission to file their arguments in secret, allowing only the judges
to read their full brief.
DOJ is trying to distract the Court and the public from the real issue
in the case, which is whether or not American citizens can travel in
their own country without official government paperwork. Their
method of distraction: secret law.
In a sharply-worded objection to the government's motion, Gilmore's
lawyers stated that the government's "extreme cry for secrecy,
preventing even plaintiff's counsel from being privy to their legal
arguments because plaintiff's counsel does not meet defendants self
defined 'covered persons who have a need to know' criteria, is
disturbing and illustrates the dangers of secret law."
DOJ motion and Mr. Gilmore's opposition:
Link.
Previous BoingBoing posts on this story include:
Reason Magazine on Gilmore v. Ashcroft; and
Gilmore v. Ashcroft begins today
CBS News | FBI Probes Pentagon Spy Case
| August 27, 2004 22:15:19
CBS News | FBI Probes Pentagon Spy Case
| August 27, 2004 22:15:19
08/28/2004 03:02 PMCBS News | FBI Probes Pentagon Spy Case
| August 27, 2004 19:23:23
CBS News | FBI Probes Pentagon Spy Case
| August 27, 2004 19:23:23
08/27/2004 09:30 PMFBI Probes Pentagon Spy Case .. Israeli mole .. CBS
News
cbsnews.com/stories/2004/08/27/eveningnews/main639143.shtml
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California To Sue Diebold; Diebold
Pleased
California To Sue Diebold; Diebold
Pleased
09/07/2004 09:59 PMThe latest in the Diebold saga in California is that Attorney General
Bill Lockyer has decided to
sue the company,
saying they made false claims about their product. Amusingly, Diebold
continues to mislead in their response to the lawsuit by noting that
they are: "pleased Lockyer dropped the probe." When the only reason
the probe has been dropped is because there's enough info to sue, it
seems like there's not much to be "pleased" about.
ADV: Centralized Computing Resource
Center: Gain access to exclusive
centralized computing white papers,
articles, case studies and more!
ADV: Centralized Computing Resource
Center: Gain access to exclusive
centralized computing white papers,
articles, case studies and more!
08/12/2004 11:15 AMRegister and you will have access to exclusive asset downloads
available on the Centralized Computing Resource Center site.
Pentagon Deleted Rumsfeld Comment---The
Pentagon deleted from a public
transcript a statement Defense Secretary
Donald H. Rumsfeld made to author Bob
Woodward suggesting that the
administration gave Saudi Arabia a
two-month heads-up that President Bush h
Pentagon Deleted Rumsfeld Comment---The
Pentagon deleted from a public
transcript a statement Defense Secretary
Donald H. Rumsfeld made to author Bob
Woodward suggesting that the
administration gave Saudi Arabia a
two-month heads-up that President Bush h
04/22/2004 05:17 AMwashingtonpost.com/wp-dyn/articles/A28729-2004Apr20.html
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Boston.com / News / Blogs / David
Weinberger bl0gs the Democratic National
Convention on Boston.com: Blogging
crosses over
Boston.com / News / Blogs / David
Weinberger bl0gs the Democratic National
Convention on Boston.com: Blogging
crosses over
07/29/2004 05:21 PMfun post about the blogger
breakfast
boston.com/news/blogs/dnc/2004/07/blogging_crosse.html
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Reading bl0gs, writing bl0gs
Reading bl0gs, writing bl0gs
06/06/2004 06:45 PMKansas City Star (subscription),MO-9 hours ago• BlogPulse.com offers a
blog search engine. Just type in keywords of interest. Or use Google
to search for “blog” and keywords of interest. ...
Internal Blogs: So, Are They Different
From External Blogs?
Internal Blogs: So, Are They Different
From External Blogs?
03/29/2005 07:22 AMInternal Blogs: So, Are They Different From External
Blogs?http://www.llrx.com/features/internalblogs.htm
Dennis Hamilton shares his experience with launching a blog
behind the corporate firewall, and suggests parameters that focus on
content value to ensure its successful implementation. This is an
feature article appearing in the March edition of Sabrina I.
Pacifici's
LLRX.com.
Craigslist vs. the Newspapers
Craigslist vs. the Newspapers
12/28/2004 09:37 AMRepor
t: Craigslist costing newspapers millions: Interesting information
on the phenomenon that is CraigsList
. I wonder how long until the newspapers file a lawsuit for
unfair competition?
Free community Web site Craigslist has cost San Francisco Bay Area
newspapers up to $65 million in employment advertising revenue,
according to a report released Monday.
Craigslist, which generates more than 1 billion page-views each
month, also has cost the newspapers millions more in merchandise and
real estate advertising, and has damaged other traditional classified
advertising businesses, according to a report published by Classified
Intelligence.
Newspapers eye new technology
Newspapers eye new technology
04/22/2004 08:00 PMglobetechnology.com Apr 23 2004 0:41AM GMT
Cox & Forkum: C&F In Newspapers!
Cox & Forkum: C&F In Newspapers!
07/24/2004 01:15 PMCox & Forkum have been published in the Detroit
News
coxandforkum.com/archives/000381.html
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Newspapers With RSS Feeds
Newspapers With RSS Feeds
12/17/2004 06:37 PMA very nice list of 142 newspapers with RSS feeds. Those of you that
think RSS is just for 'blogs, think again please....
The Future of Newspapers
The Future of Newspapers
12/31/2004 11:04 AMBlogs and the Web may hurt or change newspapers.
"Who Will Read Newspapers?"
"Who Will Read Newspapers?"
05/30/2004 08:39 PMNewspapers Dis-Investing for the Future
Newspapers Dis-Investing for the Future
06/14/2004 01:54 AMSo the Los Angeles Times wins
five Pulitzer Prizes, but its corporate owner, Tribune Company, thinks that's a great time to downsize (NY
Times). The sound you hear is Wall Street cheering -- and Tribune
Co.'s emerging competitors cheering even louder.
Doonesbury to be dropped from 38
newspapers
Doonesbury to be dropped from 38
newspapers
07/22/2004 08:22 PM
Doonesbury to be dropped from 38
newspapers.
Now
you've
really
gone and done it Larry. Do you believe in
conspiracies? Me either....
via cubanlinks.org
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Craig Kills Newspapers
Craig Kills Newspapers
06/22/2005 02:44 AMDave Morgan of Tacoda provides a detailed overview in MediaPost of how
newspapers are getting trounced by online classifieds. The most
dramatic change is not merely that readers and advertisers prefer the
online medium, but that newspapers have abdicated control over
classified pricing to their new online competitors. I've seen...
Doonesbury dropped from 38 newspapers
Doonesbury dropped from 38 newspapers
07/22/2004 06:27 PM
Doonesbury was dropped from 38
newspapers.
Now
you've
really
gone and done it Larry. Do you believe in
conspiracies? Me either....
via cubanlinks.org
Comment -
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Newspapers Focus on Internet
Newspapers Focus on Internet
04/18/2005 12:11 AMAP via Newsday Apr 18 2005 4:20AM GMT
"What Newspapers and Their Web Sites
Must Do to Survive"
"What Newspapers and Their Web Sites
Must Do to Survive"
03/06/2004 02:05 AMRelevance of newspapers in the Google
age
Relevance of newspapers in the Google
age
08/08/2004 08:42 PMToday Online Aug 9 2004 0:13AM GMT
Newspapers face up to new media
Newspapers face up to new media
06/05/2005 10:49 PMNewspapers are far from dead, despite the challenge from online news
and blogs, media executives are told.
Grok Description matches for A New Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones Day Memos
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A New Pentagon Papers Case - Newspapers, Blogs and the Diebold/Jones Day Memos
