Diebold filing here (dated 11/17/03 - the date of the OPG v. Diebold hearing):

...having issued notifications in good faith compliance with the DMCA, has decided not to take the additional step of suing for copyright infringement for the materials at issue. Given the widespread availability of the stolen materials, Diebold has further decided to withdraw its existing DMCA notifications and not issue further ones for those materials.

Per Larry Lessig via Donna Wentworth.