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[IP] yet another misuse of dmca? Black Box Voting files confiscated




Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Sat, 27 Sep 2003 02:24:29 -0700
From: Thomas Leavitt <thomas@xxxxxxxxxxxxxxxxx>
Subject: Fw: Black Box Voting files confiscated
To: Declan McCullagh <declan@xxxxxxxx>
Cc: dave@xxxxxxxxxx




>
> >From: BlackBoxVoting@xxxxxxx
> >Date: Fri, 26 Sep 2003 14:14:39 EDT
> >X-Mailer-Version: 20030813
> >X-From-IP: 152.163.225.103
> >X-From: blackboxvoting@xxxxxxx
> >Subject: Black Box Voting files confiscated
> >To: bev@xxxxxxxxxxxxxxxxxx
> >X-Mailer: 9.0 for Windows sub 920
> >
> >Here's what you can do to help: Get the word out far and wide that
Diebold has done this thing.
> >
> >More info: http://www.blackboxvoting.com
> >
> >
> >
> >1. Diebold issued a pull-down demand under DMCA for the
BlackBoxVoting.org web site, citing a link posted on a forum in the site,
claiming that the link allowed web visitors to visit an unrelated page,
containing Diebold internal memos, which they say they own the copyright to.
> >
> >
> >
> >2. Not only was BlackBoxVoting.org pulled down, but ALL of the documents,
databases and programming for approximately 500 pages of material, most of
which did not relate to Diebold at all, was confiscated. Dozens of web pages
were pulled down which had nothing whatever to do with the disputed
information. AIT Inc. has indicated that it believes it has the right to
pull down the entire web site including unrelated pages. AIT Inc. is now
prohibiting Bev Harris or Black Box Voting from accessing any of her own
files, even for the purpose of removing them.
> >
> >
> >
> >3. The confiscated pages included personal contact information for 200
activists, and the private strategy sessions for voting machine activists.
BlackBoxVoting.org has yet to receive any explanation at all as to what
authority they were confiscated under. We demand their immediate return.
> >
> >
> >
> >4. Most of the memos in question were written in Canada, and resided on a
server in Canada up to and including 2003 after Diebold bought a Canadian
company called Global Election Systems. In Canada, company correspondence,
even internal memos, is not protected by copyright. To date we have been
unable to find evidence, other than a claim in a letter, that Diebold even
owns the copyright to these memos.
> >
> >
> >
> >5. These memos are more properly termed "Evidence," because they contain
evidence of a pattern of lawbreaking that dates back at least to 1999.
> >
> >
> >
> >6. Lexis-Nexis would be a worthwhile exercise now for every one of these
search terms pertaining to the origins of Global Election Systems: This firm
was a wholly owned subsidiary of North American Professional Technologies,
Inc., which was in turn a wholly owned subsidiary of MacroTrends Ventures
International, Ltd. Charles Hong Lee is one of the principals with these
firms; He has been tied in the press to participation in a scheme to bilk
immigrants out of some $47 million; he is also connected with a scandal in
which a Mr. Graye was prosecuted, relating to Vinex Wines. Charles Hong Lee
was also involved with something called "The Vancouver Maneuver," a stock
pump & dump scheme that bilked investors out of millions in connection with
an entertainment company and something called Beverly Development. Charles
Hong Lee was a principal with Global Election Systems, along with the late
Clinton Rickards. Talbot Iredale, currently the V.P. for Research and
Development for Diebold Election Systems, began with the company in 1991,
right around the time the Vancouver Maneuver was exposed in Barron's
magazine. This is the pedigree from whence the Diebold Memos arose.
> >
> >
> >
> >====================================
> >
> >Here is a contribution originally from Slashdot, made available for the
Black Box Voting book by Donald Way.
> >
> >(Diebold: This is satire and meant for entertainment purposes only. If
you would like to spend several more $500 per hour lawyer fees suing us over
satire, go right ahead.)
> >
> >
> >
> >CONSTITUTIONAL AMENDMENT
> >Pending: your vote is now the property of Diebold, Inc. Any attempt on
your part to ascertain the disposition of your vote is hereby declared to be
in violation of federal law, e.g., the Digital Millenium Copyright Act.
> >
> >You have the right not to vote. Any vote you make can be used against you
in a court of law. The judge presiding in such a court of law may be
appointed by Diebold, Inc., and need not require a jury, but if a jury is
summoned, it need not be a jury of your peers.
> >
> >By acting to vote you consent to our determining whether your vote is
valid, and in the event it is judged not to be valid, you consent to our
voiding your vote and further voiding your right to vote in the future.
> >
> >You furthermore acknowledge that owing to storage and bandwidth
limitations that Diebold, Inc., may experience, your vote may be digitally
compressed in a way such that your true intent in casting the vote may be
lost. If such an eventuality should occur, your vote may be determined using
statistical data derived from any source we deem appropriate or convenient.
> >
> >You have the right to protest if your vote is cancelled, altered, or in
any way modified as the result of such action on our part, however, you
hereby acknowledge that in such an eventuality, Diebold, Inc. may determine
that your right to vote is deleterious to democracy as implement by Diebold,
Inc., and therefore may be considered to be an overt act against the
national security of these United States.
> >
> >You have 10 seconds to comply.
> >
> >God Bless America
>
>
>

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