Being sued for doing what you designed your system to do — wonder if this is going to revolve around “intent?” - Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit
Beyond its utility for Internet historians, the Web page database, searchable with a form called the Wayback Machine, is also routinely used by intellectual property lawyers to help learn, for example, when and how a trademark might have been historically used or violated.
[...] In preparing the case, representatives of Earley Follmer used the Wayback Machine to turn up old Web pages - some dating to 1999 - originally posted by the plaintiff, Healthcare Advocates of Philadelphia.
Last week Healthcare Advocates sued both the Harding Earley firm and the Internet Archive, saying the access to its old Web pages, stored in the Internet Archive’s database, was unauthorized and illegal.
The lawsuit, filed in Federal District Court in Philadelphia, seeks unspecified damages for copyright infringement and violations of two federal laws: the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act.
[...] Mr. [William F.] Patry also noted that despite Healthcare Advocates’ desire to prevent people from seeing its old pages now, the archived pages were once posted openly by the company. He asserted that gathering them as part of fending off a lawsuit fell well within the bounds of fair use.
Whatever the circumstances behind the access, Mr. Patry said, the sole result “is that information that they had formerly made publicly available didn’t stay hidden.”