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This page contains all of the posts and discussion on MemeStreams referencing the following web page: Analysis of the Blackboard Case. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

Chilling Effects Analysis of the Blackboard Case
by Rattle at 12:51 pm EST, Dec 6, 2003

I'm still quite frustrated that this did not get more attention when it happened. It was a clear case of a company using the law to suppress speech, and it went off without a hitch..

] In the end, Blackboard was able to use the law to ban two
] students from speaking at a conference, conducting
] security research and publicly criticizing its product.
] As long as such efforts prove effective, other
] individuals and corporations will continue to misuse the
] law in order to censor speech and other legitimate
] activities. Those concerned with chilling effects should
] take note.


 
RE: Chilling Effects Analysis of the Blackboard Case
by Romanpoet at 12:42 pm EST, Dec 7, 2003

There were a few interesting [yet unrelated] side-facts about the case that prevented it from being as cut and dry as it needs to be for the media to take the side of the evil hackers and see it as a suppression of speech.

Rattle wrote:
] I'm still quite frustrated that this did not get more
] attention when it happened. It was a clear case of a company
] using the law to suppress speech, and it went off without a
] hitch..
]
] ] In the end, Blackboard was able to use the law to ban two
] ] students from speaking at a conference, conducting
] ] security research and publicly criticizing its product.
] ] As long as such efforts prove effective, other
] ] individuals and corporations will continue to misuse the
] ] law in order to censor speech and other legitimate
] ] activities. Those concerned with chilling effects should
] ] take note.


  
RE: Chilling Effects Analysis of the Blackboard Case
by Rattle at 12:59 pm EST, Dec 7, 2003

Romanpoet wrote:
] There were a few interesting [yet unrelated] side-facts about
] the case that prevented it from being as cut and dry as it
] needs to be for the media to take the side of the evil hackers
] and see it as a suppression of speech.

That may be true. However, none of those side-facts makes Blackboard using the legal system to suppress speech any less wrong.


Analysis of the Blackboard Case
by Romanpoet at 12:00 am EST, Dec 5, 2003

A concise effective description that has my seal of approval. It is factually correct and a vast majority of the insinuations made are also true. A significantly better description and analysis than anything else I've seen written on the issue.


Analysis of the Blackboard Case
by Decius at 12:15 pm EST, Dec 6, 2003

] Cease and desist letters can make such spurious claims
] and overreaching demands because they are not official
] legal filings and there has been, as yet, little
] accountability for their abuses. Even though recipients
] may have the legal right to engage in the threatened
] activity (in this case the facilitation of free speech),
] those without specialized legal expertise and a solid
] defense fund most non-corporate recipients
] may simply comply with the letter's demands out of
] fear, uncertainty and lack of resources. The Interz0ne
] conference organizers hardly had the time to even react
] to their cease and desist letter, which Blackboard sent
] on the eve of the students scheduled presentation.

A very good analysis. Again, I believe that knowingly sending overboard cease and desist letters should be a crime bearing significant punitive liability. Wealthy entities will continue to chill speech in their interests until this is resolved.


There is a redundant post from ryan is the supernicety not displayed in this view.
 
 
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