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The Patry Copyright Blog: The Way Back Machine and Robots.txt
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The Patry Copyright Blog
Tuesday, July 12, 2005
The Way Back Machine and Robots.txt
On July 8th, a complaint was filed in the United States District Court for the Eastern District of Pennsylvania, Healthcare Advocates, Inc. v. Harding, Early, Follmer & Frailey, et al. This is such an extraordinary document that I will break with my usual practice of not commenting on complaints or motions. Those who decry the DMCA as an (attempted) tool of oppression will find more than ample support in this effort. Other laws are implicated too, including some I venture to guess most IP lawyers have never heard of at least in the IP context, for example, a Greta Garbo like claim for "Intrusion upon Seclusion." Others, such as the Computer Fraud & Abuse Act and trespass to chattels have become better known recently but are invoked here in a novel way, to say the least. In my opinion (and all this is opinion whether denominated as such or not), the Healthcare Advocates complaint represents a misuse of the legal process. The complaint appears to be the result of an earlier failed suit brought by Kevin Flynn and Healthcare Advocates (Flynn is the President) against Health Advocate, Inc. and others for various trademark and related type claims. Three opinions in that case should be noted, 2004 U.S. Dist. LEXIS 293 (E.D. Pa. January 13, 2004)(dismissing a number of claims), 2004 U.S. Dist. LEXIS 12536 (E.D. Pa. July 8, 2004)(denying plaintiff's motion to amend complaint and denying defendant's motion for in camera review of the documents in question), and 2005 U.S. Dist. LEXIS 1704 (E.D. Pa. Feb. 8, 2005)(dismissing remaining federal claims and declining to exercise pendent jurisdiction over state fraud claim). During the investigation of plaintiff's claims, a law firm for some of the defendants utilized the not-for-profit Internet Archive Wayback Machine . The Wayback Machine "
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