October 28, 2003
Cease and Desist Me, Babe

Why War? has a list of the additional university sites with the Diebold memos posted. UCBerkeley's own Parker Thompson and Joe Hall have joined with the other mirrors, and I'm linking to them. Under Swarthmore's policy, just linking is grounds for cutting off network access. Course, I'm not going as far as James Grimmelmann at Yale, who links to linkers linking to linkers linking to linkers. Or Derek Slater at Harvard, who's just linking everywhere, writing letters and mirroring.

How many more links do you need, before you get the picture, Diebold? Voting is too important to have you hide the goods. Cause frankly, we can link you under the table.

Is It Real?
Although Ernie Miller has noted that in the AP article, Diebold's CEO Jacobsen has said, "We're cautioning anyone from drawing wrong or incomplete conclusions about any of those documents or files purporting to be authentic." If they are not authentic, the DMCA doesn't apply in this case.

The Prof Speaks on Linking Policies at Swarthmore, and More
Timothy Burke of Swarthmore's History Department says:

    If Swarthmore could do one thing differently, it would be to move to a DMCA interpretation that assumes liability only over content hosted directly on the site. At the moment, the college's IT administrators are using an interpretation that encompasses direct links to copyright-violating content as well as directly hosted content. I think that's a mistaken (if common) interpretation of the requirements of the law, and so do a lot of other scholars and observers. But even then, I'd rather we make that change in policy in a considered way, with a full awareness of what we're doing.

This after he criticized Ernie Miller and Siva Vaidhyanathan for blindly repeating what they find at the Why War? site, when in fact, Siva pointed to Ernie, who has been doing direct reporting after calling Swarthmore's IT department and various people at the Why War? site. None-the-less, Burke makes a good point about the point: we're here to point out how ridiculous the DMCA interpretations are about linking, as well as why companies that provide anything to do with voting should be totally transparent. And so the protest needs to be directed, responsible and thoughtful.

C&D's For Everyone
Why War? also reports that Amherst and MIT have received cease-desist letters in addition to Swarthmore.

Notable
Steven Levy/MSNBC suggest that the politicians start listening to the geeks on this one. And Seth Finkelstein suggests the Administration listen to this. And Tom Tomorrow does Diebold.

Posted by Mary Hodder at October 28, 2003 07:45 PM
Comments

You attend Berkley and pretend that "Cause" is a word?

Posted by: El Duderino on October 29, 2003 05:34 AM

I have a mirror of said memos too, based in the UK. Where's my C&D? (not that it'd be worth the paper is's written on - they'll have to think of something else).

PS. 'cause == English
PPS. "cause" is of course a word, but not much use
to start a sentance.
PPPS. Take a look at my site for other ways to really abuse English ;-)

Posted by: coofercat on October 29, 2003 05:44 AM

coofercat -- you might want to look up how to spell "sentance", CUZ you spelled it incorrectly!

Posted by: f00 on October 29, 2003 06:43 AM

A serious freedom issue going and and you genetic throwbacks are arguing over spelling and grammar.
El DUDerino you need to relax your grip and let a little oxygen in, just CAUSE bezerkely turned you down doesn't mean your worthless :)

Posted by: Sheesh on October 29, 2003 08:27 AM

I agree with Sheesh. However, I expect that he (she) meant to use "you're" instead of "your" in the last sentence.

Grammer does matter. However, it no longer matters to our educators.

Posted by: Amazed on October 29, 2003 10:05 AM

Spelling does matter: it's grammar, not "grammer".

Posted by: Akamon Sheesh on October 29, 2003 10:52 AM

Despite bad speeling, 163 downloads so far. Keep 'em coming (and if you can host them as well, then that's a bonus).

Posted by: coofercat on October 31, 2003 02:40 AM
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