nyt article on suit with internet archive

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Subject: nyt article on suit with internet archive

 

 

http://www.nytimes.com/2005/07/13/technology/13suit.html?pagewanted=all

 

Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit

 



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By TOM ZELLER
<http://query.nytimes.com/search/query?ppds=bylL&v1=TOM%20ZELLER&fdq=1996010
1&td=sysdate&sort=newest&ac=TOM%20ZELLER&inline=nyt-per>  Jr.

Published: July 13, 2005

The Internet Archive was created in 1996 as the institutional memory of the
online world, storing snapshots of ever-changing Web sites and collecting
other multimedia artifacts. Now the nonprofit archive is on the defensive in
a legal case that represents a strange turn in the debate over copyrights in
the digital age.

Beyond its utility for Internet historians, the Web page database,
searchable with a form called the Wayback Machine, is also routinely used by
intellectual property lawyers to help learn, for example, when and how a
trademark might have been historically used or violated. 

That is what brought the Philadelphia law firm of Harding Earley Follmer &
Frailey to the Wayback Machine two years ago. The firm was defending Health
Advocate, a company in suburban Philadelphia that helps patients resolve
health care and insurance disputes, against a trademark action brought by a
similarly named competitor. 

In preparing the case, representatives of Earley Follmer used the Wayback
Machine to turn up old Web pages - some dating to 1999 - originally posted
by the plaintiff, Healthcare Advocates of Philadelphia. 

Last week Healthcare Advocates sued both the Harding Earley firm and the
Internet Archive, saying the access to its old Web pages, stored in the
Internet Archive's database, was unauthorized and illegal.

The lawsuit, filed in Federal District Court in Philadelphia, seeks
unspecified damages for copyright infringement and violations of two federal
laws: the Digital Millennium Copyright Act and the Computer Fraud and Abuse
Act.

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