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Platinax Internet >> Platinax Internet News
« Sell service: withdraw benefits | Main | Google offers developer keys » November 21, 2004Internet Archive offers court evidenceA warning for careless webmasters - not only is the information you put online available to search engine traffic - but records in internet archive has been ruled in the US as admissable evidence: According to this report from Boing Boing: Internet Archive pages are admissable into evidence: Magistrate Judge Arlander Keys rejected Polska's assertion of hearsay, holding that the archived copies were not themselves statements susceptible to hearsay exclusion, since they merely showed what Polska had previously posted on its site. He also noted that, since Polska was seeking to suppress evidence of its own previous statements, the snapshots would not be barred even if they were hearsay. Over Polska's objection, Judge Keys accepted an affidavit from an Internet Archive employee as sufficient to authenticate the snapshots for admissibility. The ruling is further commented upon by the Standford Law School for Internet and Society, and is covered in this report: Internet Archive�fs Web Page Snapshots Held Admissible as Evidence I've certainly seen a few occassions where webmasters have fallen to nasty arguments, filled with potentially libellous accusations and counter-accusations. What this ruling makes clear is that these arguments may be recorded, and that this recorded information may be admissable in court as evidence against such actions. However, what a lot of webmasters are holding their breath for - at least a little - is how the Internet Archive actually holds up against any challenges on copyright status, not least with regards to the DMCA. With the opening of the gates for challenges via internet archive material, it's only a matter if time before a cry of foul challenges the right of the internet archiver under the DMCA. Until such issues are legally cleared up properly, just try to be careful what you say online. What you type in the heat of the moment could be preserved for court actions against you. I've opened this up as a discussion topic here: Posted by at November 21, 2004 02:45 PM > Discuss this in the Platinax Internet business forums |
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