Exactly this latter category of page is the basis for a lawsuit against the archive brought by the plaintiff in a trademark case. The case has to do with fine points about how web pages are or aren't added to the archive, but it seems like blaming the library for having a newspaper on file with a letter-to-the-editor that you wish you hadn't written...
Mr. 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.yeah, duh...
(via boing boing)
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