Re: Google Cache as Fair Use

From: <alankabat[_at_]aol.com>
Date: Thu, 26 Jan 2006 16:35:01 -0500

 

Thanks -- another federal district judge, in Pennsylvania, recently denied the Internet Archive's motion to dismiss a copyright infringement and hacking case, Healthcare Advocates, Inc. v. Harding Earley, et al., No. 2:05-CV-3524-RK (E.D. Pa. Jan. 19, 2006). This was just a one sentence opinion, but has the effect of allowing the lawsuit to go forward. The plaintiff alleges that Harding Earley (a law firm) used the Internet Archive to improperly obtain information about Healthcare Advocates, on behalf of the firm's own client, a competitor named Health Advocates. The plaintiff alleges that the Internet Archive, which runs the Wayback Machine, failed to prevent others from accessing copyrighted web pages.  

It would seem that the result reached in this case is inconsistent with that of the Google cache decision (by a federal judge in Nevada), but as we don't know the reasoning for the Internet Archive decision, it is difficult to compare the two decisions.  

Alan Kabat

-----Original Message-----
From: Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com> To: CNI-COPYRIGHT -- Copyright & Intellectual Property <CNI-COPYRIGHT[_at_]cni.org> Sent: Thu, 26 Jan 2006 12:40:01 -0500
Subject: [CNI-(C)] Google Cache as Fair Use

I was informed by Professor Lessig's blog of the recent ruling at district court that Google cache is permitted by fair use and implied license. It can be found at:

     http://www.lessig.org/blog/archives/google_cache.pdf

It is going to be interesting.

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,723

Public domain notice: I put all of my expressions in this post in the public domain.

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