incrediBILL - 10:01 pm on Dec 26, 2012 (gmt 0)
I'm not talking about using wayback machine as a backup, I'm talking about using it as proof that our site was online with the content before the scraper site had it.
Nope, we didn't miss anything.
You're playing with a double-edged sword that cuts both ways.
Yes, it can be used as 'proof' your files were online at that time but likewise it can be used as the source of scraping causing you to need that proof in the first place.
Haven't you asked yourself that simple question of where two year old content is coming from?
It's not from your site, it's not from the search engines, where would old content happen to be?
Only one place I can think of.
The best way to prove copyright is to periodically send a CD of your site to the copyright office and spend the small amount to legally protect it's contents. If people then don't believe the content was yours when you file a DMCA request they lose their safe harbor and are horribly exposed. You really need to start a discussion in the copyright forum on how to do it right because the Wayback machine is problematic at best IMO
Besides, there are places you can make online archives of sites but you can do it privately and not expose your content to uncontrolled scraping, but that's another discussion.