Re: Re: Google Cache as Fair Use

From: Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com>
Date: Mon, 30 Jan 2006 12:00:01 -0500

On 1/26/06, alankabat[_at_]aol.com <alankabat[_at_]aol.com> wrote:

>

> 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.

I checked PACER and the history did not show any decision made in the Healthcare case. Only that the motion to dismiss complaint is denied. It means that the case will continue instead of being dismissed. This is not unusual.

At the end is the history that I copied from PACER. The original format was HTML and I had to convert it to plain ASCII. Some errors could happen.

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: 4,719

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

United States District Court
Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:05-cv-03524-RK

HEALTHCARE ADVOCATES, INC. v. HARDING, EARLEY, FOLLMER & FRAILEY et al Assigned to: HONORABLE ROBERT F. KELLY
Related Case: 2:03-cv-03764-RK
Cause: 17:101 Copyright Infringement
Date Filed: 07/08/2005
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Plaintiff
HEALTHCARE ADVOCATES, INC. represented by
PETER J. BOYER
MCCARTER & ENGLISH, LLP
MELLON BANK CENTER
1735 MARKET STREET
SUITE 700
PHILADELPHIA, PA 19103
215-979-3826
Fax: 215-988-4303
Email: pboyer[_at_]mccarter.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED SCOTT S. CHRISTIE
MCCARTER & ENGLISH
FOUR GATEWAY CENTER
100 MULBERRY ST.
NEWARK, NJ 07102
US
973-848-5388
LEAD ATTORNEY
ATTORNEY TO BE NOTICED V.

Defendant
HARDING, EARLEY, FOLLMER & FRAILEY represented by
JEFFREY P. LEWIS
MC KISSOCK & HOFFMAN, PC.
105 E. EVANS ST. , SUITE D
P.O. BOX 3086
WEST CHESTER, PA 19381
610-738-8850
Email: jlewis[_at_]mckhof.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED Defendant
JOHN DOES 1-10 Defendant
JOHN DOES 11-20 Defendant
JOHN DOES 21-30 Defendant
INTERNET ARCHIVE represented by
ESHA BANDYOPADHYAY
PERKINS COIE LLP
180 TOWNSEND STEET
3RD FLOOR
SAN FRANCISCO, CA 94107
US
415-344-7012
Email: ebandyopadhyay[_at_]perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED HARA K. JACOBS
BALLARD, SPAHR, ANDREWS AND INGERSOLL
1735 MARKET STREET
51ST FL.
PHILA, PA 19103-7599
TEL 215-864-8105
Fax: FAX 215-864-8999
Email: jacobsh[_at_]ballardspahr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED KENNETH B. WILSON
PERKINS COIE LLP
180 TOWNSEND STREET
3RD FLOOR
SAN FRANCISCO, CA 94107
US
415-344-7000
Email: kwilson[_at_]perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED SARAH E. PIEPMEIER
PERKINS COIE LLP
180 TOWNSEND STREET
3RD FLOOR
SAN FRANCISCO, CA 94107
US
415-344-7000
Email: spiepmeier[_at_]perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED STEFANI E. SHANBERG
PERKINS COIE LLP
180 TOWNSEND STREET
3RD FLOOR
SAN FRANCISCO, CA 94107
US
415-344-7000
Email: sshanberg[_at_]perkinscoie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED PAUL LANTIERI, III
BALLARD SPAHR et al
1735 MARKET ST., 51ST FLOOR
PHILADELPHIA, PA 19103
215-864-8279
Email: lantierip[_at_]ballardspahr.com
ATTORNEY TO BE NOTICED 2:05-cv-03524-RK
HEALTHCARE ADVOCATES, INC. v. HARDING, EARLEY, FOLLMER & FRAILEY et al ROBERT F. KELLY, presiding
Date filed: 07/08/2005
Date of last filing: 01/19/2006

Doc. No.: --
Filed: 07/08/2005
Entered: 07/11/2005
Description: Summons Issued
Docket Text: Summons Issued; 2 Mailed to counsel 7/11/05 as to INTERNET ARCHIVE, HARDING, EARLEY, FOLLMER & FRAILEY. (tj, )

Doc. No.: --
Filed: 07/08/2005
Entered: 07/11/2005
Description: Jury Demand
Docket Text: DEMAND for Trial by Jury by HEALTHCARE ADVOCATES, INC. (tj, )

Doc. No.: 1
Filed: 07/08/2005
Entered: 07/11/2005
Description: Complaint
Docket Text: COMPLAINT against all defendants ( Filing fee $ 250 receipt number 918900.), filed by HEALTHCARE ADVOCATES, INC.(tj, )

Doc. No.: 2
Filed: 07/08/2005
Entered: 07/11/2005
Description: Disclosure
Docket Text: Disclosure by HEALTHCARE ADVOCATES, INC.(tj, )

Doc. No.: 3</A>
Filed: 07/08/2005
Entered: 07/11/2005
Description: Copy of Copyright Form
Docket Text: Copy of Form to Register of Copyrights. (tj, )

Doc. No.: 4
Filed & Entered: 08/08/2005
Description: Notice of Appearance
Docket Text: Entry of Appearance by JEFFREY P. LEWIS on behalf of HARDING, EARLEY, FOLLMER & FRAILEY and Jury Demand, Certificate of Service. (ac, )

Doc. No.: 5
Filed & Entered: 08/18/2005
Terminated: 10/04/2005
Description: Motion to Dismiss
Docket Text: MOTION to Dismiss filed by HARDING, EARLEY, FOLLMER & FRAILEY.Memorandum and Certificate of Service. (Attachments: # (1) Exhibit A)(LEWIS, JEFFREY)

Doc. No.: 6
Filed & Entered: 08/22/2005
Terminated: 10/04/2005
Description: Motion to Dismiss
Docket Text: MOTION to Dismiss Plaintiff's Complaint filed by INTERNET ARCHIVE.Memorandum; Certificate of Service.(LANTIERI, PAUL)

Doc. No.: 7
Filed & Entered: 08/22/2005
Description: Disclosure
Docket Text: Disclosure with Certificate of Service by INTERNET ARCHIVE. (LANTIERI, PAUL) Doc. No.: 8
Filed & Entered: 08/29/2005
Description: Order
Docket Text: ORDER THAT DEFENDANT, HARDING, EARLEY, FOLLMER & FRAILEY IS GRANTED A SEVEN DAY EXTENSION IN WHICH TO FILE A MOTION TO DISMISS PLAINTIFFS' COMPLAINT. SIGNED BY JUDGE ROBERT F. KELLY ON 08/29/05. 08/29/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 9
Filed & Entered: 08/31/2005
Description: Application/Petition
Docket Text: APPLICATION OF STEFANI E. SHANBERG, ESQ. TO PRACTICE IN THIS COURT BY INTERNET ARCHIVE, STATEMENT, CERTIFICATE OF SERVICE. (ac, )

Doc. No.: 10
Filed & Entered: 08/31/2005
Description: Application/Petition
Docket Text: APPLICATION OF SARAH PIEPEIER, ESQUIRE TO PRACTICE IN THIS COURT BY INTERNET ARCHIVE, STATEMENT, CERTIFICATE OF SERVICE. (ac, )

Doc. No.: 11
Filed & Entered: 08/31/2005
Description: Application/Petition
Docket Text: APPLICATION OF KENNETH B. WILSON, ESQUIRE TO PRACTICE IN THIS COURT BY INTERNET ARCHIVE, STATEMENT, CERTIFICATE OF SERVICE. (ac, )

Doc. No.: 12
Filed & Entered: 08/31/2005
Description: Notice of Appearance
Docket Text: NOTICE of Appearance by HARA K. JACOBS on behalf of INTERNET ARCHIVE with Certificate of Service (JACOBS, HARA)

Doc. No.: 13
Filed & Entered: 09/06/2005
Description: Order
Docket Text: ORDER THAT THE APPLICATION OF STEFANI E. SHANBERG, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE ROBERT F. KELLY ON 09/06/05. 09/06/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 14
Filed & Entered: 09/06/2005
Description: Order
Docket Text: ORDER THAT THE APPLICATION OF SARAH PIEPMEIER, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE ROBERT F. KELLY ON 09/06/05. 09/06/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 15
Filed & Entered: 09/06/2005
Description: Order
Docket Text: ORDER THAT THE APPLICATION OF KENNETH B. WILSON, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE ROBERT F. KELLY ON 09/06/05. 09/06/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 16
Filed & Entered: 09/06/2005
Description: Memorandum
Docket Text: Memorandum of Law, In Opposition re [5] MOTION to Dismiss, [6] MOTION to Dismiss Plaintiff's Complaint filed by HEALTHCARE ADVOCATES, INC., Certificate of Service. (Attachments: # (1) Text of Proposed Order Denying Harding Motion# (2) Text of Proposed Order Denying Internet Archive Motion)(BOYER, PETER) Modified on 9/9/2005 (np).

Doc. No.: 17
Filed & Entered: 09/20/2005
Description: Application/Petition
Docket Text: APPLICATION OF ESHA BANDYOPADHYAY, ESQUIRE TO PRACTICE IN THIS COURT BY INTERNET ARCHIVE, STATEMENT, CERTIFICATE OF SERVICE. (ac, )

Doc. No.: 18
Filed & Entered: 09/21/2005
Description: Order
Docket Text: ORDER THAT THE APPLICATION OF ESHA BANDYOPADHYAY, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY JUDGE ROBERT F. KELLY ON 09/21/05. 09/21/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 19
Filed: 09/28/2005
Entered: 09/29/2005
Description: Application/Petition
Docket Text: APPLICATION OF SCOTT S. CHRISTIE TO PRACTICE IN THIS COURT BY HEALTHCARE ADVOCATES, INC., STATEMENT, CERTIFICATE OF SERVICE.(ac, )

Doc. No.: 20
Filed & Entered: 10/03/2005
Description: Order
Docket Text: ORDER THAT THE APPLICATION OF SCOTT S. CHRISTIE, ESQUIRE TO PRACTICE IN THIS COURT ON BEHALF OF HEALTHCARE ADVOCATES, INC. IS GRANTED. SIGNED BY JUDGE ROBERT F. KELLY ON 10/03/05. 10/03/05 ENTERED AND COPIES MAILED AND FAXED.(ac, )

Doc. No.: 21
Filed & Entered: 10/04/2005
Description: Order on Motion to Dismiss
Docket Text: ORDER THAT THE MOTIONS TO DISMISS ARE GRANTED REGARDING COUNTS IV, VII,VIII,IX,X,XI AND XII DUE TO DEFICIENCIES IN THE PLEADINGS. THE MOTIONS TO DISMISS ARE DENIED IN ALL OTHER RESPECTS. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S CROSS MOTION TO AMEND THE COMPLAINT IS GRANTED AND THE PLAINTIFF IS GRANTED LEAVE TO AMEND THE COMPLAINT TO REMEDY THE DEFICIENIES, ETC. SIGNED BY JUDGE ROBERT F. KELLY ON 10/04/05. 10/04/05 ENTERED AND COPIES MAILED AND E-MAILED. (ac, ), E

Doc. No.: 22
Filed & Entered: 11/09/2005
Description: Amended Document
Docket Text: AMENDED DOCUMENT by HEALTHCARE ADVOCATES, INC. Amended Complaint (Attachments: # (1) Certificate of Service) (BOYER, PETER) (FILED IN ERROR BY ATTORNEY) Modified on 11/10/2005 (np).

Doc. No.: 23
Filed & Entered: 11/29/2005
Terminated: 01/19/2006
Description: Motion to Dismiss
Docket Text: MOTION to Dismiss Amended Complaint filed by INTERNET ARCHIVE.Memorandum,Proposed Order,Certificate of Service.(SHANBERG, STEFANI) Doc. No.: 24
Filed & Entered: 12/06/2005
Description: Answer to Complaint
Docket Text: ANSWER to Amended Complaint by HARDING, EARLEY, FOLLMER & FRAILEY, Certificate of Service.(LEWIS, JEFFREY) Modified on 12/7/2005 (cdd, ).

Doc. No.: 25
Filed & Entered: 12/13/2005
Description: Response in Opposition to Motion Docket Text: Memorandum of Law in Opposition re [23] MOTION to Dismiss Amended Complaint with Certificate of Service filed by HEALTHCARE ADVOCATES, INC.. (Attachments: # (1) Text of Proposed Order)(BOYER, PETER) Modified on 12/14/2005 (np).

Doc. No.: 26
Filed & Entered: 01/19/2006
Description: Order on Motion to Dismiss
Docket Text: ORDER THAT THE DEFENDANT INTERNET ARCHIVE'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT IS HEREBY DENIED. THE DEFENDANT INTERNET ARCHIVE SHALL FILE ITS ANSWER TO THE AMENDED COMPLAINT WITHIN FIFTEEN DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE ROBERT F. KELLY ON 01/19/06.01/19/06 ENTERED AND COPIES MAILED AND E-MAILED. (ac, ) Received on Mon Jan 30 2006 - 22:00:01 GMT