Volume II

Issue : 19: October 7, 2004

• Ontario Superior Court Examines Organization and Commercial Activities under PIPEDA
• Australian Court Finds Copyright Infringement in Data Mining of .UK WHOIS Database
• Court Strikes Down Anti bootlegging Statute
• U.S. Appeals Courts Finds Websites not Places of Public accommodation Under Disability Legislation
• Ontario Court affirms Privilege Extends to Electronic File References in Pleadings
• U.S. District Court Strikes Down Statutory Amendments Made by U.S. Patriot Act
• Recent Decisions of Privacy Commissioner Review Practices of Satellite Television Provider and Contest Sponsor
• California Court Finds Misuse of Digital Millennium Copyright Act
• Ontario Court of Appeal Releases its Decision in Robertson Case Holding Database Inclusion Constituted Copyright Infringement

Home > Volume II > Issue 19: October 7, 2004 > California Court Finds Misuse of Digital Millennium Copyright Act

California Court Finds Misuse of Digital Millennium Copyright Act

In a recent case, the US District Court for the Northern District of California found that the defendant violated the Digital Millennium Copyright Act (DMCA) by knowingly materially misrepresenting to the plaintiff ISPs that the publication of the defendant's Email archive on the Websites of the plaintiffs' customers infringed the defendant's copyright interest, at least with respect to the portions of the Email archive clearly subject to the fair use exception. The defendant had advised the plaintiffs that if they removed the defendant's Email archive from the Websites of their customers, then the ISPs would be shielded from liability under the safe harbour provisions of the DMCA. The defendant's Email archive contained Emails evidencing problems with the defendant's electronic voting machines.

For a copy of the decision, visit:

http://www.lessig.org/blog/archives/diebold.pdf