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Len Bullard scripsit:
> The reasoning for that decision is of interest. Was it based on lack
> of provability or traceability of the resources or the timestamp?
> This might be a precedent for other copyright claims.
Quoth Wikipedia:
# In an October 2004 case called "Telewizja Polska SA v. Echostar
# Satellite", a litigant attempted to use the Wayback Machine archives as
# a source of admissible evidence, perhaps for the first time. Telewizja
# Polska is the provider of TVP Polonia and EchoStar operates the Dish
# Network. Prior to the trial proceedings, EchoStar indicated that
# it intended to offer Wayback Machine snapshots as proof of the past
# content of Telewizja Polskaâs website. Telewizja Polska brought a
# motion in limine to suppress the snapshots on the grounds of hearsay
# and unauthenticated source, but Magistrate Judge Arlander Keys rejected
# Telewizja Polskaâs assertion of hearsay and denied TVP's motion in
# limine to exclude the evidence at trial.[14] However, at the actual
# trial, district Court Judge Ronald Guzman, the trial judge, overruled
# Magistrate Keys' findings, and held that neither the affidavit of the
# Internet Archive employee nor the underlying pages (i.e., the Telewizja
# Polska website) were admissible as evidence. Judge Guzman reasoned
# that the employee's affidavit contained both hearsay and inconclusive
# supporting statements, and the purported webpage printouts themselves
# were not self-authenticating.
Citation to http://tinyurl.com/84ldxbl (PDF), which I have not read.
--
Dream projects long deferred John Cowan <cowan@c...>
usually bite the wax tadpole. http://www.ccil.org/~cowan
--James Lileks
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