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"the employee's affidavit contained both hearsay and inconclusive # supporting statements, and the purported webpage printouts themselves # were not self-authenticating." Thanks John. I wonder how much stronger the resources would be if they were semantic web constructs. If the content contained hearsay, I understand the ruling. Not being "self-authenticating" is dodgy in that all it seems to imply is the resource is not "authoritative". The notion of "self authentication" is ??? len -----Original Message----- From: John Cowan [mailto:cowan@c...] On Behalf Of John Cowan Sent: Monday, June 04, 2012 2:18 PM To: Len Bullard Cc: xml-dev@l... Subject: Re: XML Conference archives 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 Polska's 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 Polska's 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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