BBV: News from the Cease & Desist Order Wars

[Eloriel]

From Jim March:

I have just finished a major re-vamp to my site at
http://www.equalccw.com/voteprar.html

This brief memo is about the new content and related issues.

As most of you know, various Diebold expose sites are popping up and
dropping off in a bizarre game of "global wack-a-mole" driven by the
frenzied attempts of Diebold's lawyers to file a flurry of
cease'n'desists.

Thus far I'm the only site owner who has shown a willingness to file a
counter-notification under the DMCA, taking full legal responsibility
for my site's content and hence forcing my ISP to leave my material up
per DMCA rules:

http://www.equalccw.com/liebold.html

It's been seven days now, with no response from Diebold. They'd have
to be out of their minds to actually sue as the alleged infringing
material would be allowed in court as evidence and I'm not afraid of
them if they do.

Therefore, if anybody is sick of this stupid bluff and wants to put up
a page that Diebold can't touch, drop me a line. I'll provide my
personal info so that the site can be registered in MY name. I'll
also write up a counter-notification for the ISP in question in
advance of a Diebold cease'n'desist, so that once hit by a Diebold
nastygram they can immediately turn over my letter and evade all legal
responsibility (dumping it on me), leaving the site up.

Other than taking such responsibility, I won't try and butt in on the
site's day-to-day management unless REALLY infringing material goes
up. Which won't include anything Diebold ever scammed together.

In other news:

I've prepared a pair of detailed technical analysis papers on what we
already know Diebold has done criminally wrong, and how the known
misdeeds could facilitate actual vote-fraud. These documents are
long, but worth a read for some of you:

http://www.equalccw.com/lewisdeconstructed.pdf

http://www.equalccw.com/iowadialog.html

These are in the "White Papers" section of my main site
(http://www.equalccw.com/voteprar.html).

In brief: Diebold evaded the Federal Elections Commission software
certification process in two key areas: the security flaws and
"MS-Access as a hack tool" problem in GEMS, and in Windows CE which as
custom software should have been certified, and wasn't on the direct
orders of their head techie Talbot. This gave them unfettered access
to the two most important areas where a votehack from outside the
county offices by Diebold insiders could take place.

In other words, we've found the tunnel under the prison wall. We know
who dug it, but we don't know (YET) whether or not any prisoners
actually crawled through it. But just digging the tunnel should be
enough to get senior management at Diebold *jailed* and at a minimum,
the Diebold software immediately de-certified.

If somebody could post this on DU, which is the last major message
exchange forum for BBV issues left, I'd be obliged.

Jim March

[Caution]

1. Big props for showing off that backbone!

[trumad]

4. El

I may be willing to do this and I don't mind paying the monthly charges.... 8 bucks to host, 8 bucks for the domain name... Chicken Feed... But how do "I" pay for the site and have you own it..:shrug:

PS: I'd make it dark and sinister like my current page: http://pnacrevealed.com

[Eloriel]

6. It's Jim March, Trumad -- not me

I'll pm you his email address so you can be in contact.

Eloriel

[Andy_Stephenson]

2. Thank God there are Patriots such as

Bev Harris and Jim March still left in the country.

[barbaraann]

3. This really gives me hope.

And here's a great quote from Bev:

"She called the company's claim of copyright infringement 'a flat-out attempt to shut somebody up. ... I still have a mouth, Diebold. Cease and desist my mouth.'"

Oh, and one more thought--Pam Roach is toast and even Diebold can't save her! Teehee

[havocmom]

5. Muchas thanks, Eloriel

This offer makes an ol Luddite like me wonder if I should take my server up on the web page that comes with their package. Being so tech challanged, it would be a daring venture for me to try to set up a page.

Hey BBV is really working. I am overhearing rumblings about "that computer voting scam" here in Tiny town, where we still use pencils to vote. If the conservatives here are getting the word, the WORD is OUT!

You go girl!


Edit for clarity

[protect freedom impeach bush now]

7. kick

kick

for free elections without BFEE 'control' of the
vote counting.


KICK

[symbolman]

8. Please Send

Jim March the link to my flash as well?



http://www.takebackthemedia.com/voterevolution.html

[seemslikeadream]

9. He's already got them!

and a funny little remark by him about bush

[Eloriel]

10. Okay

I couldn't open it, btw, on my piddly dial-up.

Eloriel

[hunter]

23. If you have a pc, not a mac, download the "exe"

It took a long time, maybe ten minutes, since the file is 1.6 Megabytes, but that worked fine for me on a dialup connection.

Sorry, I have no idea how to do this with Internet Explorer, right click something or other, and I'm certain you'll get all sorts of warning messages telling you how dangerous exe files can be.

Once I had it downloaded to my desktop, I could play it just fine.

[sybylla]

22. Same here, wouldn't work for me

nor the downloadable version, whether saved as target or not. This has me seriously disappointed too because I get horribly impatient to see your new work, symbolman.

I use netscape 7.x on a pc.

[AP]

11. Mr March needs to talk to a lawyer before he posts things like this.

He can probably do everything he wants to do with laying out his intent in way which might become fodder in a law suit. And what's all this discussion about ownership and control right out in public? He could be totally undermining the case anyone who uses the service he's offeriing would want to make by stating publicly that it's a shame arrangement.

[BevHarris]

13. Disagree. The only way to fight this is in the open

In the open and in front of the press, because frankly, lawyers are NOT stepping forward to defend free speech, civil rights, or anything else.

"Go to a lawyer" is worthless advice at this point. Oh, except for the ones that say "sit down, shut up, and oh, that will be $300 please."

Jim March is doing the right thing. Some day a lawyer with a spine might show up -- so far no lawyer has done anything other than ask for money or run to his rule book, which has NO RULES for this thing because this has never been litigated.

Oh yeah, they don't want to do anything that involves litigation. That would involve work. They want to be paid $300 an hour to do actual work.

I say, way to go Jim. And AP, it's time you do something other than kibbitz. Go FIND one of these lawyers you and Skinner keep talking about.

Some people talk and some people are out here moving the wall. Which one are you?

Bev

[BevHarris]

15. And don't tell me to set up a legal defense fund.

If a lawyer needs me coming to him with a pile of money, I don't want him. I'll come to him with the most important First Amendment case since 1776 and publicity he couldn't buy for ten times his fee, but if he isn't even going to do diddly squat without a fund being set up for him, he should just take the short cut and hand over his vote RIGHT NOW, because those with the resources and expertise to take this who choose not to do not deserve democracy. Period.

[AP]

18. Why so angry today?

And, what am I doing to help? I didn't realize I wasn't helping.

[AP]

19. Incidentally, this is hard work

it's going to be hard to find someone good who is going to to do this if it means bills wont get paid.

Would you do this if there weren't a possibility of at least recouping your costs with the book, and with future business which came out of success with this?

[DEMActivist]

20. Some people simply don't understand

that a case like this has the potential to destroy a law practice.

That the paperwork alone could be miles deep before it's all said and done and that someone has to generate that paper.

Some don't understand that a law firm would be putting their entire business on hold for a case that has no precedence - to make new law, in effect.

This is not an easy question, and the biggest firms are going to be the ones who say no the fastest. They have clients they have committments to; they can't just drop them for an ideal. Not to mention that there's no guarantee a judge or jury will define the ideal the same way we do.

Frankly, I see the condemnation of attorneys, legal firms, and others to be the opposed to what we are supposedly trying to accomplish.

[KittyWampus]

25. Law Firms Might Be Unable But What About Law Students/Professors?

I am no longer in the University loop and never knew any law professors... but wouldn't it be great to have an entire classroom of students on this case? :)

[DEMActivist]

27. Sure would!

And, perhaps when we get a "lead attorney" on this case, that would be an excellent way to provide manpower, research and assistance to the firm that steps up.

I don't think law professors have much real courtroom experience, so we need a lead attorney to handle that part of the case.

[AP]

17. My only point is:

There are subtleties in the law, like, you can't claim fair use if your original intent was to infringe. I'm not saying that a post like this necessarily does this, but, writing something like, I'll only take it down if it "seriously infringes" implies that you won't if is only infringing marginally.

March could do everything he wants without having to state his intent. He can say, "I will host this stuff, please contact me" rather than "I'm willing to engage in a sham arrangment where you put your stuff on my site and I will exercise no editorial control, but will take the fall." I have no idea what legal implications that creates, but it makes me uncomfortable.

But if the guy has lawyers, great. I guess they know what they're doing.

[DEMActivist]

14. Actually, Jim DOES have an attorney

In fact, he has a team of attorneys helping him with this. He just prefers to write it in his own words rather than theirs.

However, rest assured the attorneys are reviewing the letters before they are sent.

[kimchi]

12. Go Jim March!

A patriot to be sure!

[Melinda]

16. I'm going to use this opportunity to say this:

I am very disappointed in both Jim March and Beve Harris regarding this very issue. I have repeatedly posted to Jim on the BBV activist forum, privately messaged Jim, and emailed Jim regarding both obtaining a copy of the Diebold CD and mirroring files for BBV. After several days with no responses, I emailed Bev and requested her assistance. Again, I receieved no response.

I spent a long evening last Tuesday night with several elected and salaried (Large CA County w/city of same name) City and County Officials. I had hoped to be able to provide documentary evidence as part of my diatribe against touch screen voting, and I couldn't deliver. And I don't like not being able to back up my assertions which were the basis for the meeting to begin with.

Not an attack, just an observation and vent. That's all.

[hunter]

21. This is a huge storm.

Hang on and be patient. Light some candles, but don't burn down the house.

[AP]

26. Sounds like a huge opportunity missed.

[dmr]

24. Way to go Jim!

You too trumad, hope you and Jim can hook up!