] Diebold filed papers with the Court today indicating that
] it "has decided not to take the additional step of suing
] for copyright infringement for the materials at issue.
] Given the widespread availability of the stolen materials,
] Diebold has further decided to withdraw its existing DMCA
] notifications and not to issue any further ones for those
] materials.”

Bowing to pressure from the EFF as well as Congress, Diebold has blinked. They are stepping back from a fight without admitting their arguements are wrong. I don't think the EFF wants the judge to allow them to do this. They're in court now and the EFF wants a precident rather then a weasleout as occured in the Felton case.