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11-02-05 12:59 PM
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Sokarhacd

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Posted on 07-14-05 07:04 AM Link | Quote
this is strange, apparently archive.org is being sued over their wayback machine....
http://www.boingboing.net/2005/07/13/internet_archive_sue.html
Tarale
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Posted on 07-14-05 07:23 AM Link | Quote
Yeah, I read about this and find it pretty stupid.

A company was being sued, and in the lawsuit, evidence was gained from the Wayback Machine proving the company's guilt. So what does the guilty party do? Sue the Wayback Machine of course....

In other annoying news, Canada is passing a law that might make Googling and Archiving illegal.... ?????


(edited by Tarale on 07-13-05 10:34 PM)
Colleen
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Posted on 07-14-05 07:40 AM Link | Quote
The cache part of that bill might be something to keep an eye on, but a flat-out search would never be illegal. We're not China, we don't filter out anything on the Internet.

And if that company's so concerned, why don't they just ask archive.org to, oh, I don't know... simply REMOVE the pages in question rather than launch a huge fuss over it that could potentially backfire?
alte Hexe

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Posted on 07-14-05 07:58 AM Link | Quote
I like that Canadian bill...It actually makes some sense.
Colleen
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Posted on 07-14-05 08:07 AM Link | Quote
In what sense, Ziff?

I could support not having confidential information/anything that might be controversial cached, but who cares if someone's LiveJournal is archived? I can't see how this would end up having any visible effect.
alte Hexe

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Posted on 07-14-05 08:32 AM Link | Quote
Because it is going to a committee soon, it will be ratified and will be narrowed. It always happens. It'll be good.
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Posted on 07-14-05 08:34 AM Link | Quote
Most common filter around the world is a child porn filter, some countries filter out child porn. That's so far how some filters go.

And yes, this law-suit is stupid. Besides I think you could ask nicely if you wanted a certain page removed from Waybackmachine but thoose sued instead...
Kaioshin

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Posted on 07-14-05 06:17 PM Link | Quote
Can text or another form of media that was once available to the public be considered illegal in the future if the original source doesn't offer it?
alte Hexe

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Posted on 07-14-05 06:49 PM Link | Quote
Depends on the status of copyright law at the time and status of the media piece in question
HyperLamer
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Posted on 07-14-05 09:38 PM Link | Quote
Really, how can it be illegal to provide a list of web pages? To quote the article:


He warns that "we shouldn't cripple the Googles of the world by imposing copyright chill on the very basis of their architecture. In fact, they perform a very useful service to copyright owners by enabling easy detection of infringement. The owners should go after the actual infringer, rather than effectively shooting the messenger."

If you can go on Google and look up copyrighted material, then so can the copyright owner, making it that much easier to stop.

As for that Google one, I assume it's just poorly-worded.
neotransotaku

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Posted on 07-15-05 01:39 AM Link | Quote
Originally posted by HyperHacker
As for that Google one, I assume it's just poorly-worded.
I think so too--I'm pretty sure if this passes, those who sponsored the bill will surely not be re-elected...

but yeah, the spirit of what copyright is supposed to be used for is lost in these two lawsuits... but for the lawsuit against archive.org, I think it is more that company trying to invalidate the evidence by showing the evidence was illegally obtained
Mel
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Posted on 07-15-05 01:49 AM Link | Quote
This is why Robots.txt was invented.


(edited by ASSES! on 07-14-05 06:30 PM)
Tarale
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Posted on 07-15-05 04:25 AM Link | Quote
Originally posted by ASSES!
This is why Robots.txt was invented.


Yeah, but Robots.txt is hardly a binding contract or anything. It's purely voluntary to honor a robots.txt...
The Guru of Furu

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Posted on 07-15-05 05:15 AM Link | Quote
Originally posted by Kaioshin
Can text or another form of media that was once available to the public be considered illegal in the future if the original source doesn't offer it?

Probably not, because expostfacto laws are bs in most nations. But who knows, at least having owned it won't be illegal, but it might mean it needs to go after the law is passed, that is if it is passed.
HyperLamer
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Posted on 07-15-05 05:35 AM Link | Quote
Originally posted by neotransotaku
but for the lawsuit against archive.org, I think it is more that company trying to invalidate the evidence by showing the evidence was illegally obtained

How is it illegal though? I don't remember there being a law against making copies of old web pages.
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Posted on 07-15-05 06:56 AM Link | Quote
It seems the opinion from one copyright lawyer is the plaintiffs here have no case whatsoever.

There's a topic on the SDA general forums about it with some of the exact text.
Mel
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Posted on 07-15-05 07:55 AM Link | Quote
Originally posted by Tarale
Originally posted by ASSES!
This is why Robots.txt was invented.


Yeah, but Robots.txt is hardly a binding contract or anything. It's purely voluntary to honor a robots.txt...


What I'm saying is that if the company didn't want their pages archived, they should have made use of Robots.txt to prevent webcrawlers from archiving it.
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Posted on 07-15-05 08:09 AM Link | Quote
I wonder if this would have effect googling pictures. Probably not since it won't even hit the search engines very hard. Just the archiving.
Tarale
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Posted on 07-15-05 08:18 AM Link | Quote
Originally posted by ASSES!
Originally posted by Tarale
Originally posted by ASSES!
This is why Robots.txt was invented.


Yeah, but Robots.txt is hardly a binding contract or anything. It's purely voluntary to honor a robots.txt...


What I'm saying is that if the company didn't want their pages archived, they should have made use of Robots.txt to prevent webcrawlers from archiving it.


They did, and that's their argument. That they were still archived.

But like I said, it's hardly a binding contract or anything, so meh.
neotransotaku

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Posted on 07-15-05 10:33 AM Link | Quote
Originally posted by HyperHacker
Originally posted by neotransotaku
but for the lawsuit against archive.org, I think it is more that company trying to invalidate the evidence by showing the evidence was illegally obtained

How is it illegal though? I don't remember there being a law against making copies of old web pages.


they are probably going to challenge the constitutionality of how evidence was acquired. What I guess could be argued was because these items were "stolen", they weren't supposed to be in a place they could be found. The lawsuit argues these pages were being stored without their permission. no permission could constitute as stolen property. thus, if the pages are determined to be illegally stored, then their use as evidence would be invalidated because proper procedures were not taken to be able to acquire it legally. therefore, the previous case would be thrown out. Evidence illegally obtain is not valid in Federal Court.
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