For your gentle amusement, "Diebold C&D: A Modest Response"

[Kelvin Mace]

September 22, 2003

Re: Copyright Infringement

Dear Mr. xxxxxx:

We represent Diebold, Incorporated and its wholly owned subsidiary Diebold Election Systems, Inc. (collectively "Diebold").

Ah, yes, the Diebold Collective, a division of the Borg, I believe.

Diebold is the owner of copyrights in certain correspondence relating to its electronic voting machines that was stolen from a Diebold computer ("Diebold Property").

Stolen? What proof do you have? Can I see the criminal complaint? Can you tell me if the electrons making up these emails had any distinguishing features?

It has recently come to our clients' attention that you appear to be hosting the following web site: www.blackboxvoting.org, which includes the following information location tool in message 19 page http://www.blackboxvoting.org/htdocs/dcforum/DCForumID12/70.html, the information tool being the following text and hyperlink:

http://211.117.160.48:8000/s/lists/index.html

A copy of the Diebold Property is currently posted at this site. The owner of the web site does not have Diebold's consent to use or distribute any Diebold Property. The owner of the blackboxvoting.org web site does not have Diebold's consent to use or distribute any Diebold Property, or to provide information location tools with respect to such Diebold Property.

This web page clearly infringes Diebold's copyrights by providing information location tools for the purpose of referring or linking users to an online location containing Diebold Property, which the owner of the online location copied, posted, and is distributing without Diebold's consent.

Okay, let me make sure I 've got this clear, Clarence Darrow. Your client is claiming copyright ownership as the author of these emails, in which your client openly admits:

1). Defrauding various state and local governments by selling voting euipment and software that fails to comply with state and federal law.

2). Willfully misleading independent testings authorities about the security of your code.

3). Willfully installing uncertified software on voting machines in multiple states in contravention of state and federal law.

4). Conspiracy to defraud.

Jeebus! Remind me not to hire you if I get a speeding ticket, I'll get the chair! (or I should say, "I'll get the gurney!")

The purpose of this letter is to advise you of our clients' rights and to seek your agreement to the following: To disable the link which is contained in message 19 (and any subsequent messages in which it is later inserted prior to disabling the link in message 19) on the page http://www.blackboxvoting.org/htdocs/dcforum/DCForumID12/70.html. Such disabling should include removing or rendering useless as an information location tool the text which currently creates the visual appearance of the link.

Nah. The purpose of your letter is damage control, pure and simple.

Please confirm, in writing, that you have complied with the requests listed above.

The information contained in this notification is accurate and, under penalty of perjury, I certify that I am authorized to act on behalf of Diebold.

Good thing you only face perjury for the "act on behalf of Diebold" part, otherwise it would be back to chasing ambulances after the "this notification is accurate part".

Our clients reserve their position insofar as costs and damages caused by the unauthorized provision of information locating tools with respect to online locations engaged in infringing activity with respect to the Diebold Property.

With a sentence like this, I can see why they pay you the big bucks.

Our clients also reserve their right to seek injunctive relief to prevent further unauthorized provision of information locating tools with respect to online locations engaged in infringing activity with respect to Diebold Property, pending your response to this letter.

Personally, I'm not interested in how your clients relieve themselves, since I am sure it involves a goat of low reputation.

We suggest you contact your legal advisors to obtain legal advice as to your position.

Why? Is your brother-in-law unemployed AGAIN?

We await your response within 24 hours.

Nah, go home, relax, pursue your hobby of molesting small furry woodland creatures.

Very truly yours,

Ralph E. Jocke

You are very truly a Ralphe E. Jocke, but don't blame me, it was your parent's fault (well, your parents and the cheap wine industry).
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For those of you just tuning in, the current score is:

Insufficiently intelligent Diebold shills - 0
Comic Book Publishers -1

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
1237 Elon Place
High Point, NC 27263
http://www.plan9.org

[Dogmudgeon]

1. This is over a LINK?

They turned a lawyer loose on you over a link?

Is that even legal?

--bkl

[Resistance Is Futile]

2. Linking to unauthorized content is illegal

2600 vs. DVD-CCA established that it is a violation of the DMCA to link to material which has been banned by the provisions of the DMCA.

This is the everlasting legacy of Bill Clinton's belief that the right of the movie biz to reap monopoly profits is more important than the right to freedom of speech. Everyone who gave a damn warned you people that the DMCA would be applied to stifle political speech but for some reason or other the rank and file of the democratic party wasn't interested in listening.

Isn't karma grand?

[Dogmudgeon]

3. 2600 vs DVD-CCA

I thought that was overturned on appeal. (I may be confusing it with another case, though.) Not that the overall Intellectual Property power-grab has stopped.

"You people"? Lots of "us people" have been following this, and bitching about it, for years.

--bkl

[w13rd0]

4. Indeed...

...DCMA, DOMA, PATRIOT ACT, IWR...sad chapters in our "democracy"...

[Kelvin Mace]

5. Fritz Hollings was one of the principle offenders....

But, nonetheless, this is a different situation. We are not trying to condone some people's illegal conduct, we are trying to expose it.



For those of you just tuning in, the current score is:

Insufficiently intelligent Diebold shills - 0
Comic Book Publishers -1

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
1237 Elon Place
High Point, NC 27263
http://www.plan9.org

[Resistance Is Futile]

6. Kick