Looks like Derek Slater is off the hook with Harvard for posting the Diebold memos on the web. He's just grateful he had John Slater on his side. Slater himself says,

"I wholeheartedly support Derek in his
assertion of a fair use defense in this matter
for three reasons. First, I think it is
inappropriate to use the copyright law, and
particularly the DMCA's (17 USC Section
512), as a means to stifle political speech of
this sort. Second, I think that every
university has a responsibility to factor in its
academic role, as well as its role as an
Internet Service Provider under certain United
States laws such as the DMCA, when forced
to take up a matter of this sort and when
determining how to respond when its students
are accused in this regrettable manner.
Finally, I am convinced that Derek has a
strong fair use defense and that he ought to be
supported in his assertion of that defense."