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Tim Shaffer for The New York Times
Nelson Pavlosky, left, and Luke Smith, students at Swarthmore College. Mr. Pavlosky put documents about election machines online.

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File Sharing Pits Copyright Against Free Speech


Published: November 3, 2003

(Page 2 of 5)

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Last week the advocates’ efforts to keep the documents online took another step as Freenet, an international anticensorship organization that promotes the anonymous distribution of files, obtained copies of the Diebold documents. The technology that the network uses is a peer-to-peer service, and is similar in many ways to the software behind file-trading companies like Kazaa and the original Napster.

Legal scholars say that the online protest and the use of copyright law by Diebold have broad implications and show that the copyright wars are about more than whether Britney Spears gets royalties from downloaded songs.

“We’re so focused on the microview — whether EMI is going to make a buck next year — but there is so much more at stake in our battle to control the flows of information,” including issues at the core of free speech and democracy itself, said Siva Vaidhyanathan, a professor in the department of culture and communication at New York University.

Nelson Pavlosky, a sophomore at Swarthmore from Morristown, N.J., who put documents online through the campus organization Swarthmore Coalition for the Digital Commons said the cease-and-desist letters were “a perfect example of how copyright law can be and is abused by corporations like Diebold” to stifle freedom of speech. He said that he and other advocates wished the college had decided to fight instead of take down the files.

“We feel like they wimped out,” Mr. Pavlosky said.

But with each takedown, the publicity grows through online discussion and media coverage, and more and more people join the fray, giving Diebold’s efforts a Sorcerer’s Apprentice feel. The advocates, meanwhile, are finding that civil disobedience carries risks. One student who posted the documents and has received a letter, Zac Elliott of Indiana University, said, “I’m starting to worry about the ramifications for my entire family if I end up in some sort of legal action.”


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