Internet Archive Sued for Copyright Infringement

SAN FRANCISCO — The Internet Archive, a nonprofit that acts as a library with snapshots of old versions of websites, is being sued by a company that says the Archive has no right to store and make available pages that have been removed by their rightful owners.

Started in 1996, the Archive uses web-crawling bot programs to make copies of publicly accessible sites. The copies are then available for research purposes via a search tool called the Wayback Machine.

The site has so far accumulated 40 billion pages, about 1 petabyte, or 1 million gigabytes, of data and is growing at a rate of 20 terabytes per month. The Archive includes millions of pages from adult websites.

At the center of the current dispute is Philadelphia-based Healthcare Advocates, a company that recently lost a trade secrets lawsuit when attorneys for the defendant produced archived copies that showed the information in question had been made publicly available on a 1999 version of the company’s site.

The pages, Healthcare Advocates claims, were protected against unauthorized indexing and viewing by use of a robots.txt file, which are supposed to tell web crawlers when certain pages are not to be stored. The company says the Archive infringed its copyrights by not doing enough to block access to the pages.

In its suit, filed in U.S. District Court in Philadelphia, Healthcare Advocates said a representative of the Archive brushed off charges of wrongdoing and said the problem was probably caused by a glitch related to the robots.txt files and, therefore, was not the Archives concern.

Danny Sullivan of Search Engine Watch said he believes the Archive representative was right, adding that, while any outcome in the case is possible, he would be surprised if a judge doesn’t dismiss it summarily.

“Robots.txt is a voluntary opt-out option. It has no legal bearing,” Sullivan said.

If the court sides with the Archive, as Sullivan predicts, the decision could have far-reaching implications for adult webmasters who rely on nonbinding opt-out provisions of robots.txt to prevent search engines from copying and distributing their intellectual property.

Apparently, doing so is not as reliable as many might think. Attorneys for the defendant in the initial Healthcare Advocates case were able to access at least 92 pages that had supposedly been protected by robots.txt files.

And once a technology such as the Archive stores a page, webmasters may not have the right to make them disappear at a later date, for example, if they are lacking 2257 records for the models on the page.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More