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Using Archive.org as evidence of copyright
competitor has copied my website
RailMan




msg:917555
 3:37 pm on Mar 22, 2005 (gmt 0)

Hi
A competitor has ripped off my website, word for word, image for image. The only changes are that he has used his company name in place of mine!

I'm seeing a lawyer tomorrow, but before I meet the lawyer, I'd like to know if using the wayback machine (archive.org) is suitable as evidence that I was using the content long before my competitor was? Has anyone used archive.org as evidence in court, especially in the UK? If so, does anyone know of any specific cases where this was used?

I must stress that this is a blatant copy of my web content and my competitor is less than 50 miles away (we're both in the UK). I earn good money from my site, mainly as a result of my content.

Thanks in advance.

 

Jenstar




msg:917556
 4:30 pm on Mar 22, 2005 (gmt 0)

I have used archive.org to prove without a doubt I was the copyright owner when sending C&Ds to the infringer, hosting companies and other companies (ie. eBay) and they have all used it as proof, so it seems to be recognized at some level. I am not sure about in a court of law though.

RailMan




msg:917557
 12:56 am on Mar 23, 2005 (gmt 0)

thanks. will let you know what my solicitor says!

hurlimann




msg:917558
 2:46 am on Mar 23, 2005 (gmt 0)

Anything from archive.org will have great credability in a UK Court.

What it will not do is prove:

a) Evidence that you own copyright.
b) They ripped off your website, word for word, image for image etc.

If it as blatant as you say I would think serving a DMCA notice on their hosts will be far more effective and cheaper and also solve your problem within the week.

RailMan




msg:917559
 8:16 am on Mar 23, 2005 (gmt 0)

thanks hurliman
comparing sites last night, they have copied our pages word for word, including a couple of typos. i can prove the text and image content is the same.

archive.org shows we were using some of the content more than 3 years ago and shows how the content gradually changed to what it is now. it also shows the competitor wasn't using the content 12 months ago.

gonna take him down ..............

RailMan




msg:917560
 2:37 pm on Mar 24, 2005 (gmt 0)

solicitor said archive.org was "interesting" and said pages from it should be acceptable as evidence - he said he sees no problem with that.

letter going out today to other company to "cease and desist" and remove pages and provide details of income etc ............

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