[widdershins] Indymedia Part 2...

[Gmx Private 01]

Latest News from EFF...

Diebold Coughs Up Cash in Copyright Case
California - The Electronic Frontier Foundation (EFF) capped its historic victory in a copyright abuse case against electronic voting machine manufacturer Diebold today. The corporation agreed to pay $125,000 in damages and fees. The settlement, a win for free speech advocates, comes after a California district court found that Diebold had knowingly misrepresented that online commentators, including Indymedia and two Swarthmore college students, had infringed the company's copyrights. "It makes me happy that students in this situation in the future won't have to worry about big corporations breathing down their necks," said Nelson Pavlosky, one of the students. Diebold is the first company to be held liable for violating section 512(f) of the Digital Millennium Copyright Act (DMCA), which makes it unlawful to use DMCA takedown threats when the copyright holder knows that infringement has not actually occurred. The section also stipulates that anyone who issues such frivolous threats must pay damages, including costs and attorneys' fees, to those harmed by the misrepresentations... 
Full Release, OPG v. Diebold, E-voting Information Sheets
October 15, 2004 

Indymedia Servers Mysteriously Reappear, But Questions Remain 
San Francisco, CA - Rackspace Managed Hosting, the San Antonio-based company that manages two Indymedia servers seized by the US government last Thursday, said yesterday that the servers have been returned and are now available to go back online. Immediate access to the servers, which host Indymedia's Internet radio station and more than 20 Indymedia websites, will be delayed so that the Electronic Frontier Foundation (EFF) can ensure that the servers are secure and take steps to preserve evidence for future legal action. Now that the servers have been returned, the question still remains: who took them, and under what authority? Citing a gag order, Rackspace would not comment on what had happened both in the original seizure of the servers or their return. All that is known at this point is that the subpoena that resulted in the seizure was issued at the request of a foreign government, most likely with the assistance of the United States Attorney's Office in San Antonio. Although initial reports suggested that the FBI had taken the servers, the FBI has now denied any involvement... 
Full Release, Indymedia.org
October 13, 2004 

EFF Challenges Secret Government Order to Shut Down Media Websites 
San Francisco, CA - The Electronic Frontier Foundation (EFF) is representing a coalition of independent Internet journalists whose websites were shut down on Thursday, October 7, when their servers were seized by the FBI. The two servers, which were located in the United Kingdom and managed by San Antonio-based Rackspace Managed Hosting, hosted Indymedia's Internet radio station and more than 20 Indymedia websites, as well as several email lists. The seizure was in response to a "Commissioner's Subpoena" issued at the request of a foreign government. Citing a gag order, Rackspace has provided no further details. An FBI spokesperson has confirmed that the subpoena was issued at the request of Italian and Swiss authorities. Earlier this month, the FBI made informal requests to both Rackspace and Indymedia to remove an Indymedia news story that included photos of undercover Swiss investigators posing as anti-globalization activists. At the time, the FBI admitted that the posting did not violate US law... 
Full Release, Indymedia.org
October 12, 2004