Analysis of information sources in references of the Wikipedia article "ウェイバックマシン" in Japanese language version.
Both parties sincerely regret any turmoil that the lawsuit may have caused for the other. Neither Internet Archive nor Ms Shell condones any conduct which may have caused harm to either party arising out of the public attention to this lawsuit. The parties have not engaged in such conduct and request that the public response to the amicable resolution of this litigation be consistent with their wishes that no further harm or turmoil be caused to either party.
We have added the ability to archive a page instantly and get back a permanent URL for that page in the Wayback Machine. This service allows anyone – wikipedia editors, scholars, legal professionals, students, or home cooks like me – to create a stable URL to cite, share or bookmark any information they want to still have access to in the future.
1) Internet Archive's motion to dismiss Shell's counterclaim for conversion and civil theft (Second Cause of Action) is GRANTED, 2) Internet Archive's motion to dismiss Shell's counterclaim for breach of contract (Third Cause of Action) is DENIED; 3) Internet Archive's motion to dismiss Shell's counterclaim for Racketeering under RICO and COCCA (Fourth Cause of Action) is GRANTED.
More importantly, held the court, Internet Archive's mere copying of Shell's site, and display thereof in its database, did not constitute the requisite exercise of dominion and control over defendant's property. Importantly, noted the court, the defendant at all times owned and operated her own site. Said the Court: 'Shell has failed to allege facts showing that Internet Archive exercised dominion or control over her website, since Shell's complaint states explicitly that she continued to own and operate the website while it was archived on the Wayback machine. Shell identifies no authority supporting the notion that copying documents is by itself enough of a deprivation of use to support conversion. Conversely, numerous circuits have determined that it is not.'
2015-03-25: Part of this site was listed for suspicious activity 138 time(s) over the past 90 days. ... What happened when Google visited this site? ... Of the 42410 pages we tested on the site over the past 90 days, 450 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2015-03-25, and the last time suspicious content was found on this site was on 2015-03-25. ... Malicious software includes 169 trojan(s), 126 virus, 43 backdoor(s).
2015-03-25: Latest URLs hosted in this IP address detected by at least one URL scanner or malicious URL dataset. ... 2/62 2015-03-25 16:14:12 [complete URL redacted]/Renegotiating_TLS.pdf ... 1/62 2015-03-25 04:46:34 [complete URL redacted]/CBLightSetup.exe
We have added the ability to archive a page instantly and get back a permanent URL for that page in the Wayback Machine. This service allows anyone – wikipedia editors, scholars, legal professionals, students, or home cooks like me – to create a stable URL to cite, share or bookmark any information they want to still have access to in the future.
2015-03-25: Latest URLs hosted in this IP address detected by at least one URL scanner or malicious URL dataset. ... 2/62 2015-03-25 16:14:12 [complete URL redacted]/Renegotiating_TLS.pdf ... 1/62 2015-03-25 04:46:34 [complete URL redacted]/CBLightSetup.exe
2015-03-25: Part of this site was listed for suspicious activity 138 time(s) over the past 90 days. ... What happened when Google visited this site? ... Of the 42410 pages we tested on the site over the past 90 days, 450 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2015-03-25, and the last time suspicious content was found on this site was on 2015-03-25. ... Malicious software includes 169 trojan(s), 126 virus, 43 backdoor(s).
1) Internet Archive's motion to dismiss Shell's counterclaim for conversion and civil theft (Second Cause of Action) is GRANTED, 2) Internet Archive's motion to dismiss Shell's counterclaim for breach of contract (Third Cause of Action) is DENIED; 3) Internet Archive's motion to dismiss Shell's counterclaim for Racketeering under RICO and COCCA (Fourth Cause of Action) is GRANTED.
More importantly, held the court, Internet Archive's mere copying of Shell's site, and display thereof in its database, did not constitute the requisite exercise of dominion and control over defendant's property. Importantly, noted the court, the defendant at all times owned and operated her own site. Said the Court: 'Shell has failed to allege facts showing that Internet Archive exercised dominion or control over her website, since Shell's complaint states explicitly that she continued to own and operate the website while it was archived on the Wayback machine. Shell identifies no authority supporting the notion that copying documents is by itself enough of a deprivation of use to support conversion. Conversely, numerous circuits have determined that it is not.'
Both parties sincerely regret any turmoil that the lawsuit may have caused for the other. Neither Internet Archive nor Ms Shell condones any conduct which may have caused harm to either party arising out of the public attention to this lawsuit. The parties have not engaged in such conduct and request that the public response to the amicable resolution of this litigation be consistent with their wishes that no further harm or turmoil be caused to either party.
