...in the Crimson. Derek posted the Diebold memos on his Harvard account website, wrote about it on his blog, and received a C&D on October 31, 2003. Harvard rules say he gets two chances for copyright violation, before he loses his account. Diebold served the C&D under the DMCA rules, maintaining that the memos are copyright protected, and Harvard responded by disabling the documents.
A hearing will decide the matter of whether the policy of copyright violations applies to this kind of speech.
UPDATE: Derek has noted in the comments that even though the article said there would be an upcoming hearing, in fact there isn't one scheduled. Also, the article erred in stating that Harvard sent the C&D to him. In fact it was Diebold. And above, in the quote about the four criteria and the DMCA, instead there are four factors (which were used before the DMCA was passed) for determining fair use of copyrighted works.Posted by Mary Hodder at November 10, 2003 08:21 AM