Provided some additional requirements are met (e.g., providing an authoritative statement of the archivist), the "United States patent office and the "European Patent Office will accept date stamps from the Internet Archive as evidence of when a given Web page was accessible to the public. These dates are used to determine if a Web page is available as "prior art for instance in examining a patent application.
Limitations of utility
There are technical limitations to archiving a website, and as a consequence, it is possible for opposing parties in litigation to misuse the results provided by website archives. This problem can be exacerbated by the practice of submitting screen shots of web pages in complaints, answers, or expert witness reports, when the underlying links are not exposed and therefore, can contain errors. For example, archives such as the Wayback Machine do not fill out forms and therefore, do not include the contents of non-"RESTful e-commerce databases in their archives.
In Europe the Wayback Machine could be interpreted as violating copyright laws. Only the content creator can decide where their content is published or duplicated, so the Archive would have to delete pages from its system upon request of the creator. The exclusion policies for the Wayback Machine may be found in the FAQ section of the site.
Archived content legal issues
A number of cases have been brought against the Internet Archive specifically for its Wayback Machine archiving efforts.
In late 2002, the Internet Archive removed various sites that were critical of "Scientology from the Wayback Machine. An error message stated that this was in response to a "request by the site owner". Later, it was clarified that lawyers from the "Church of Scientology had demanded the removal and that the site owners did not want their material removed.
Healthcare Advocates, Inc.
In 2003, Harding Earley Follmer & Frailey defended a client from a trademark dispute using the Archive's Wayback Machine. The attorneys were able to demonstrate that the claims made by the plaintiff were invalid, based on the content of their website from several years prior. The plaintiff, Healthcare Advocates, then amended their complaint to include the Internet Archive, accusing the organization of copyright infringement as well as violations of the "DMCA and the "Computer Fraud and Abuse Act. Healthcare Advocates claimed that, since they had installed a "robots.txt file on their website, even if after the initial lawsuit was filed, the Archive should have removed all previous copies of the plaintiff website from the Wayback Machine. The lawsuit was settled out of court.
In December 2005, activist "Suzanne Shell filed suit demanding Internet Archive pay her US $100,000 for archiving her website profane-justice.org between 1999 and 2004. Internet Archive filed a "declaratory judgment action in the "United States District Court for the Northern District of California on January 20, 2006, seeking a judicial determination that Internet Archive did not violate Shell's "copyright. Shell responded and brought a "countersuit against Internet Archive for archiving her site, which she alleges is in violation of her "terms of service. On February 13, 2007, a judge for the "United States District Court for the District of Colorado dismissed all counterclaims except "breach of contract. The Internet Archive did not move to dismiss "copyright infringement claims Shell asserted arising out of its copying activities, which would also go forward.
On April 25, 2007, Internet Archive and Suzanne Shell jointly announced the settlement of their lawsuit. The Internet Archive said it "...has no interest in including materials in the Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation." Shell said, "I respect the historical value of Internet Archive's goal. I never intended to interfere with that goal nor cause it any harm."
In 2013–14, a "pornographic actor was trying to remove archived images of himself, first by sending multiple "DMCA requests to the Archive and then in the "Federal Court of Canada.
In 2005, "Yahoo! Search began to provide links to other versions of pages archived on the Wayback Machine.
- "Archive.org Site Info". "Alexa Internet. Archived from the original on 3 August 2016. Retrieved 18 June 2016.
- "WayBackMachine.org WHOIS, DNS, & Domain Info – DomainTools". "WHOIS. Retrieved 2016-03-13.
- "InternetArchive.org WHOIS, DNS, & Domain Info – DomainTools". "WHOIS. Retrieved 2016-03-13.
- "Internet Archive launches WayBack Machine". Online Burma Library. 2001-10-25. Retrieved 2016-03-13.
- "The Internet Archive: Building an 'Internet Library'". "Internet Archive. 2001-11-30. Archived from the original on November 30, 2001. Retrieved 2016-03-14.
- "Archive.org or Wayback Machine". cachedpages.net. Retrieved 2 December 2014.
- Green, Heather (February 28, 2002). "A Library as Big as the World". BusinessWeek. Archived from the original on 20 December 2011.
- TONG, JUDY (September 8, 2002). "RESPONSIBLE PARTY – BREWSTER KAHLE; A Library Of the Web, On the Web". New York Times. Retrieved 15 August 2011.
- Kahle, Brewster. "Archiving the Internet". Scientific American – March 1997 Issue. Retrieved 19 August 2011.
- Cook, John (November 1, 2001). "Web site takes you way back in Internet history". Seattle Post-Intelligencer. Retrieved 15 August 2011.
- "Internet Archive's Wayback Machine". SEJ. Retrieved 2016-02-26.
- "Internet Archive FAQ". Archive.org. Retrieved 2014-04-16.
- Archive.org forum thread with response by Jeff Kaplan, last update November 07, 2010
- Mearian, Lucas (March 19, 2009). "Internet Archive to unveil massive Wayback Machine data center". Computerworld.com. Archived from the original on 2009-03-23. Retrieved 2009-03-22.
- Kanellos, Michael (July 29, 2005). "Big storage on the cheap". CNET News.com. Archived from the original on 2007-04-03. Retrieved 2007-07-29.
- "Internet Archive and Sun Microsystems Create Living History of the Internet". "Sun Microsystems. March 25, 2009. Retrieved 2009-03-27.
- "Updated Wayback Machine in Beta Testing". Archive.org. Retrieved 19 August 2011.
- "Beta Wayback Machine, in forum". Archive.org. Retrieved 2014-04-16.
- "Wayback Machine: Now with 240,000,000,000 URLs | Internet Archive Blogs". Blog.archive.org. 2013-01-09. Retrieved 2014-04-16.
- Rossi, Alexis (2013-10-25). "Fixing Broken Links on the Internet". archive.org. San Francisco, CA, US: Collections Team, the Internet Archive. Archived from the original on 2014-11-07. Retrieved 2015-03-25.
We have added the ability to archive a page instantly and get back a permanent URL for that page in the Wayback Machine. This service allows anyone – wikipedia editors, scholars, legal professionals, students, or home cooks like me – to create a stable URL to cite, share or bookmark any information they want to still have access to in the future.
- The VirusTotal Team (2015-03-25). "126.96.36.199 IP address information". virustotal.com. Dublin 2, Ireland: "VirusTotal. Archived from the original on 2014-07-14. Retrieved 2015-03-25.
2015-03-25: Latest URLs hosted in this IP address detected by at least one URL scanner or malicious URL dataset. ... 2/62 2015-03-25 16:14:12 [complete URL redacted]/Renegotiating_TLS.pdf ... 1/62 2015-03-25 04:46:34 [complete URL redacted]/CBLightSetup.exe
- Advisory provided by Google (2015-03-25). "Safe Browsing Diagnostic page for archive.org". google.com/safebrowsing. Mountain View, CA, US: "Google. Retrieved 2015-03-25.
2015-03-25: Part of this site was listed for suspicious activity 138 time(s) over the past 90 days. ... What happened when Google visited this site? ... Of the 42410 pages we tested on the site over the past 90 days, 450 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2015-03-25, and the last time suspicious content was found on this site was on 2015-03-25. ... Malicious software includes 169 trojan(s), 126 virus, 43 backdoor(s).
- "Internet Archive Frequently Asked Questions". Retrieved 2015-01-17.
- "Archive.org Site Info". "Alexa Internet. Archived from the original on 2013-10-28. Retrieved 2013-10-29.
- "Archive.org Site Overview". "Alexa Internet. Archived from the original on 2015-04-09. Retrieved 2015-04-09.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2005-12-31. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2006-12-28. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2007-12-28. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2008-12-24. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2009-12-20. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2010-12-30. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2011-08-30. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2012-12-31. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2013-12-31. Retrieved 2015-03-25.
- michelle (2014-05-09). "Wayback Machine Hits 400,000,000,000!". Internet Archive. Archived from the original on 2014-08-26. Retrieved 2015-03-25.
- "Internet Archive Wayback Machine". Internet Archive. Archived from the original on 2015-02-13. Retrieved 2015-03-25.
- Some sites are not available because of Robots.txt or other exclusions.
- How can I remove my site's pages from the Wayback Machine?.
- Mark Graham (April 17, 2017). "Robots.txt meant for search engines don't work well for web archives". Internet Archive Blogs. Retrieved April 16, 2017.
- LLoyd, Howard (October 2009). "Order to Disable Robots.txt" (PDF). Retrieved 2009-10-15.
- Cortes, Antonio (October 2009). "Motion Opposing Removal of Robots.txt". Retrieved 2009-10-15.
- Gelman, Lauren (November 17, 2004). "Internet Archive's Web Page Snapshots Held Admissible as Evidence". Packets. 2 (3). Retrieved 2007-01-04.
- Howell, Beryl A. (February 2006). "Proving Web History: How to use the Internet Archive" (PDF). Journal of Internet Law: 3–9. Retrieved 2008-08-06.
- Wynn W. Coggins (Fall 2002). "Prior Art in the Field of Business Method Patents – When is an Electronic Document a Printed Publication for Prior Art Purposes?". USPTO.
- "Debunking the Wayback Machine". Archived from the original on 29 June 2010.
- German lawyer about the Wayback Machine in a law paper, Journal of Internet Law: JurPC.
- Bowman, Lisa M (September 24, 2002). "Net archive silences Scientology critic". CNET News.com. Archived from the original on 2012-05-15. Retrieved 2007-01-04.
- Jeff (September 23, 2002). "exclusions from the Wayback Machine" (Blog). Wayback Machine Forum. Internet Archive. Retrieved 2007-01-04. Author and Date indicate initiation of forum thread.
- Miller, Ernest. "Sherman, Set the Wayback Machine for Scientology". LawMeme. Yale Law School. Archived from the original (Blog) on 16 November 2012. Retrieved 2007-01-04.
- Dye, Jessica (2005). "Website Sued for Controversial Trip into Internet Past". EContent. 28. (11): 8–9.
- Bangeman, Eric (August 31, 2006). "Internet Archive Settles Suit Over Wayback Machine". Ars technica. Retrieved 2007-11-29.
- Internet Archive v. Shell, 505 F.Supp.2d 755 at justia.com, 1:2006cv01726 ("Colorado District Court 2006-08-31) (“'April 25, 2007 Settlement agreement announced.' Filing 65, 2007-04-30: '...therefore ORDERED that this matter shall be DISMISSED WITH PREJUDICE...'”).
- Babcock, Lewis T., Chief Judge (2007-02-13). "Internet Archive v. Shell Civil Action No. 06cv01726LTBCBS" (PDF). Archived (PDF) from the original on 2014-01-25. Retrieved 2015-03-25.
1) Internet Archive's motion to dismiss Shell's counterclaim for conversion and civil theft (Second Cause of Action) is GRANTED, 2) Internet Archive's motion to dismiss Shell's counterclaim for breach of contract (Third Cause of Action) is DENIED; 3) Internet Archive's motion to dismiss Shell's counterclaim for Racketeering under RICO and COCCA (Fourth Cause of Action) is GRANTED.
- Claburn, Thomas (2007-03-16). "Colorado Woman Sues To Hold Web Crawlers To Contracts". New York, NY, US: "InformationWeek, UBM Tech, UBM LLC. Archived from the original on 2014-09-04. Retrieved 2015-03-25.
Computers can enter into contracts on behalf of people. The Uniform Electronic Transactions Act (UETA) says that a 'contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.'
- Samson, Martin H., Phillips Nizer LLP (2007). "Internet Archive v. Suzanne Shell". internetlibrary.com. Internet Library of Law and Court Decisions. Archived from the original on 2014-08-03. Retrieved 2015-03-25.
More importantly, held the court, Internet Archive's mere copying of Shell's site, and display thereof in its database, did not constitute the requisite exercise of dominion and control over defendant's property. Importantly, noted the court, the defendant at all times owned and operated her own site. Said the Court: 'Shell has failed to allege facts showing that Internet Archive exercised dominion or control over her website, since Shell's complaint states explicitly that she continued to own and operate the website while it was archived on the Wayback machine. Shell identifies no authority supporting the notion that copying documents is by itself enough of a deprivation of use to support conversion. Conversely, numerous circuits have determined that it is not.'
- brewster (2007-04-25). "Internet Archive and Suzanne Shell Settle Lawsuit". archive.org. Denver, CO, USA: Internet Archive. Archived from the original on 2010-12-05. Retrieved 2015-03-25.
Both parties sincerely regret any turmoil that the lawsuit may have caused for the other. Neither Internet Archive nor Ms. Shell condones any conduct which may have caused harm to either party arising out of the public attention to this lawsuit. The parties have not engaged in such conduct and request that the public response to the amicable resolution of this litigation be consistent with their wishes that no further harm or turmoil be caused to either party.
- "Copyright Implications Of A "Right To Be Forgotten"? Or How To Take-Down The Internet Archive. - Intellectual Property - Canada".
- Davydiuk v. Internet Archive Canada, 2014 FC 944
- Gary Price (September 18, 2005). "Yahoo Cache Now Offers Direct Links to Wayback Machine". Search Engine Watch.