The
Wayback Machine
Wayback Machine is a digital archive of the
World Wide Web
World Wide Web and
other information on the
Internet
Internet created by the
Internet
Internet Archive, a
nonprofit organization, based in San Francisco, California, United
States.
Contents
1 History
2 Technical details
2.1 Storage capabilities
2.2 Growth
2.3 Website exclusion policy
2.3.1 Oakland
Archive
Archive Policy
3 Uses
3.1 In legal evidence
3.1.1 Civil litigation
3.1.1.1 Netbula LLC v. Chordiant Software Inc.
3.1.1.2 Telewizja Polska
3.1.2 Patent law
3.1.3 Limitations of utility
4 Legal status
5 Archived content legal issues
5.1 Scientology
5.2 Healthcare Advocates, Inc.
5.3 Suzanne Shell
5.4 Daniel Davydiuk
6 Censorship and other threats
7 See also
8 References
9 External links
History[edit]
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improve this article by adding citations to reliable sources.
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The
Internet Archive
Internet Archive launched the
Wayback Machine
Wayback Machine in October
2001.[4][5] It was set up by
Brewster Kahle
Brewster Kahle and Bruce Gilliat, and is
maintained with content from Alexa Internet.[citation needed] The
service enables users to see archived versions of web pages across
time, which the archive calls a "three dimensional index".[citation
needed]
Since 1996, the
Wayback Machine
Wayback Machine has been archiving cached pages of
websites onto its large cluster of
Linux
Linux nodes.[citation needed] It
revisits sites on occasion (see technical details below) and archives
a new version.[6] Sites can also be captured on the fly by visitors
who enter the site's
URL into a search box.[citation needed] The
intent is to capture and archive content that otherwise would be lost
whenever a site is changed or closed down.[citation needed] The
overall vision of the machine's creators is to archive the entire
Internet.[citation needed]
Information had been kept on digital tape for five years, with Kahle
occasionally allowing researchers and scientists to tap into the
clunky database.[7] When the archive reached its fifth anniversary, in
2001, it was unveiled and opened to the public in a ceremony at the
University of California, Berkeley.[8]
The name
Wayback Machine
Wayback Machine was chosen as a reference to the "WABAC
machine" (pronounced way-back), a time-traveling device used by the
characters
Mr. Peabody
Mr. Peabody and Sherman in The Rocky and Bullwinkle Show,
an animated cartoon.[9][10] In one of the animated cartoon's component
segments, Peabody's Improbable History, the characters routinely used
the machine to witness, participate in, and, more often than not,
alter famous events in history.
Technical details[edit]
Software has been developed to "crawl" the web and download all
publicly accessible
World Wide Web
World Wide Web pages, the Gopher hierarchy, the
Netnews
Netnews (Usenet) bulletin board system, and downloadable software.[11]
The information collected by these "crawlers" does not include all the
information available on the Internet, since much of the data is
restricted by the publisher or stored in databases that are not
accessible. To overcome inconsistencies in partially cached websites,
Archive-It.org was developed in 2005 by the
Internet Archive
Internet Archive as a
means of allowing institutions and content creators to voluntarily
harvest and preserve collections of digital content, and create
digital archives.[12]
Crawls are contributed from various sources, some imported from third
parties and others generated internally by the Archive.[6] For
example, crawls are contributed by the
Sloan Foundation
Sloan Foundation and Alexa,
crawls run by IA on behalf of
NARA
NARA and the
Internet
Internet Memory Foundation,
mirrors of Common Crawl.[6] The "Worldwide Web Crawls" have been
running since 2010 and capture the global Web.[13][6]
The frequency of snapshot captures varies per website.[6] Websites in
the "Worldwide Web Crawls" are included in a "crawl list", with the
site archived once per crawl.[6] A crawl can take months or even years
to complete depending on size.[6] For example, "Wide Crawl Number 13"
started on January 9, 2015, and completed on July 11, 2016.[14]
However, there may be multiple crawls ongoing at any one time, and a
site might be included in more than one crawl list, so how often a
site is crawled varies widely.[6]
Storage capabilities[edit]
As of 2009[update], the
Wayback Machine
Wayback Machine contained approximately three
petabytes of data and was growing at a rate of 100 terabytes each
month;[15] the growth rate reported in 2003 was 12 terabytes/month.
The data is stored on
PetaBox
PetaBox rack systems manufactured by Capricorn
Technologies.[16]
In 2009, the
Internet Archive
Internet Archive migrated its customized storage
architecture to Sun Open Storage, and hosts a new data center in a Sun
Modular Datacenter on Sun Microsystems'
California
California campus.[17]
In 2011 a new, improved version of the Wayback Machine, with an
updated interface and fresher index of archived content, was made
available for public testing.[18]
In March 2011, it was said on the
Wayback Machine
Wayback Machine forum that, "the
Beta of the new
Wayback Machine
Wayback Machine has a more complete and up-to-date
index of all crawled materials into 2010, and will continue to be
updated regularly. The index driving the classic
Wayback Machine
Wayback Machine only
has a little bit of material past 2008, and no further index updates
are planned, as it will be phased out this year".[19]
In January 2013, the company announced a ground-breaking milestone of
240 billion URLs.[20]
In October 2013, the company announced the "Save a Page" feature[21]
which allows any
Internet
Internet user to archive the contents of a URL. This
became a threat of abuse by the service for hosting malicious
binaries.[22][23]
As of December 2014[update], the
Wayback Machine
Wayback Machine contained almost
nine petabytes of data and was growing at a rate of about 20 terabytes
each week.[24]
As of July 2016[update], the
Wayback Machine
Wayback Machine reportedly contained
around 15 petabytes of data.[25]
Growth[edit]
Between October 2013 and March 2015 the website's global Alexa rank
changed from 162[26] to 208.[27]
Wayback Machine
Wayback Machine growth[28][29][30][31][32][33][34][35][36][37][38]
Year
Pages archived (billion)
2005
40
2008
85
2012
150
2013
373
2014
400
2015
452
Website exclusion policy[edit]
Historically,
Wayback Machine
Wayback Machine respected the robots exclusion standard
(robots.txt) in determining if a website would be crawled or not; or
if already crawled, if its archives would be publicly viewable.
Website owners had the option to opt-out of
Wayback Machine
Wayback Machine through
the use of robots.txt. It applied robots.txt rules retroactively; if a
site blocked the
Internet
Internet Archive, any previously archived pages from
the domain were immediately rendered unavailable as well. In addition
the
Internet Archive
Internet Archive stated, "Sometimes a website owner will contact
us directly and ask us to stop crawling or archiving a site. We comply
with these requests."[39] In addition, the website says: "The Internet
Archive
Archive is not interested in preserving or offering access to Web
sites or other
Internet
Internet documents of persons who do not want their
materials in the collection."[40]
Oakland
Archive
Archive Policy[edit]
Wayback's retroactive exclusion policy is based in part upon
Recommendations for Managing Removal Requests and Preserving Archival
Integrity published by the School of Information Management and
Systems at
University of California, Berkeley
University of California, Berkeley in 2002, which gives a
website owner the right to block access to the site's archives. [41]
Wayback has complied with this policy to help avoid expensive
litigation.[42]
The Wayback retroactive exclusion policy began to relax in 2017, when
it stopped honoring robots.txt on U.S. government and military web
sites for both crawling and displaying web pages. As of April 2017,
Wayback is exploring ignoring robots.txt more broadly, not just for
U.S. government websites.[43][44][45][46]
Uses[edit]
This section needs expansion. You can help by adding to it. (May 2017)
The site is frequently used by journalists and citizens to review dead
websites, dated news reports or changes to website contents. Its
content has been used to hold politicians accountable and expose
battlefield lies.[47]
In 2014 an archived social media page of separatist rebel leader in
Ukraine Igor Girkin showed him boasting about his troops having shot
down a suspected Ukrainian military airplane before it became known
that the plane actually was a civilian Malaysian Airlines jet after
which he deleted the post and blamed Ukraine's military.[47][48]
In 2017 the
March for Science
March for Science originated from a discussion on reddit
that indicated someone had visited Archive.org and discovered that all
references to climate change had been deleted from the White House
website. In response, a user commented, "There needs to be a
Scientists' March on Washington".[49][50][51]
Furthermore, the site is used heavily for verification, providing
access to references and content creation by
editors.[citation needed]
In legal evidence[edit]
Civil litigation[edit]
Netbula LLC v. Chordiant Software Inc.[edit]
In a 2009 case, Netbula, LLC v. Chordiant Software Inc., defendant
Chordiant filed a motion to compel Netbula to disable the robots.txt
file on its website that was causing the
Wayback Machine
Wayback Machine to
retroactively remove access to previous versions of pages it had
archived from Netbula's site, pages that Chordiant believed would
support its case.[52]
Netbula objected to the motion on the ground that defendants were
asking to alter Netbula's website and that they should have subpoenaed
Internet Archive
Internet Archive for the pages directly.[53] An employee of Internet
Archive
Archive filed a sworn statement supporting Chordiant's motion,
however, stating that it could not produce the web pages by any other
means "without considerable burden, expense and disruption to its
operations."[52]
Magistrate Judge Howard Lloyd in the Northern District of California,
San Jose Division, rejected Netbula's arguments and ordered them to
disable the robots.txt blockage temporarily in order to allow
Chordiant to retrieve the archived pages that they sought.[52]
Telewizja Polska[edit]
In an October 2004 case,
Telewizja Polska
Telewizja Polska USA, Inc. v. Echostar
Satellite, No. 02 C 3293, 65 Fed. R. Evid. Serv. 673 (N.D. Ill. Oct.
15, 2004), a litigant attempted to use the
Wayback Machine
Wayback Machine archives as
a source of admissible evidence, perhaps for the first time. Telewizja
Polska is the provider of
TVP Polonia
TVP Polonia and EchoStar operates the Dish
Network. Prior to the trial proceedings, EchoStar indicated that it
intended to offer
Wayback Machine
Wayback Machine snapshots as proof of the past
content of Telewizja Polska's website.
Telewizja Polska
Telewizja Polska brought a
motion in limine to suppress the snapshots on the grounds of hearsay
and unauthenticated source, but Magistrate Judge Arlander Keys
rejected Telewizja Polska's assertion of hearsay and denied TVP's
motion in limine to exclude the evidence at trial.[54][55] At the
trial, however, district Court Judge Ronald Guzman, the trial judge,
overruled Magistrate Keys' findings,[citation needed] and held that
neither the affidavit of the
Internet Archive
Internet Archive employee nor the
underlying pages (i.e., the
Telewizja Polska
Telewizja Polska website) were admissible
as evidence. Judge Guzman reasoned that the employee's affidavit
contained both hearsay and inconclusive supporting statements, and the
purported web page printouts were not self-authenticating.[citation
needed]
Patent law[edit]
Main article:
Internet
Internet as a source of prior art
Provided some additional requirements are met (e.g., providing an
authoritative statement of the archivist), the
United States
United States patent
office and the
European Patent Office
European Patent Office will accept date stamps from the
Internet Archive
Internet Archive as evidence of when a given
Web page
Web page was accessible
to the public. These dates are used to determine if a
Web page
Web page is
available as prior art for instance in examining a patent
application.[56]
Limitations of utility[edit]
There are technical limitations to archiving a website, and as a
consequence, it is possible for opposing parties in litigation to
misuse the results provided by website archives. This problem can be
exacerbated by the practice of submitting screen shots of web pages in
complaints, answers, or expert witness reports, when the underlying
links are not exposed and therefore, can contain errors. For example,
archives such as the
Wayback Machine
Wayback Machine do not fill out forms and
therefore, do not include the contents of non-RESTful e-commerce
databases in their archives.[57]
Legal status[edit]
In Europe the
Wayback Machine
Wayback Machine could be interpreted as violating
copyright laws. Only the content creator can decide where their
content is published or duplicated, so the
Archive
Archive would have to
delete pages from its system upon request of the creator.[58] The
exclusion policies for the
Wayback Machine
Wayback Machine may be found in the FAQ
section of the site.[59]
Archived content legal issues[edit]
A number of cases have been brought against the
Internet
Internet Archive
specifically for its
Wayback Machine
Wayback Machine archiving efforts.
Scientology[edit]
See also:
Scientology
Scientology and the Internet
In late 2002, the
Internet Archive
Internet Archive removed various sites that were
critical of
Scientology
Scientology from the Wayback Machine.[60] An error message
stated that this was in response to a "request by the site owner".[61]
Later, it was clarified that lawyers from the Church of Scientology
had demanded the removal and that the site owners did not want their
material removed.[62]
Healthcare Advocates, Inc.[edit]
In 2003, Harding Earley Follmer & Frailey defended a client from a
trademark dispute using the Archive's Wayback Machine. The attorneys
were able to demonstrate that the claims made by the plaintiff were
invalid, based on the content of their website from several years
prior. The plaintiff, Healthcare Advocates, then amended their
complaint to include the
Internet
Internet Archive, accusing the organization
of copyright infringement as well as violations of the
DMCA
.svg/280px-Great_Seal_of_the_United_States_(obverse).svg.png)
DMCA and the
Computer Fraud and Abuse Act. Healthcare Advocates claimed that, since
they had installed a robots.txt file on their website, even if after
the initial lawsuit was filed, the
Archive
Archive should have removed all
previous copies of the plaintiff website from the Wayback Machine,
however, some material continued to be publicly visible on
Wayback.[63] The lawsuit was settled out of court, after Wayback fixed
the problem.[64]
Suzanne Shell[edit]
In December 2005, activist
Suzanne Shell filed suit demanding Internet
Archive
Archive pay her US $100,000 for archiving her website
profane-justice.org between 1999 and 2004.[65][66]
Internet
Internet Archive
filed a declaratory judgment action in the
United States
United States District
Court for the Northern District of
California
California on January 20, 2006,
seeking a judicial determination that
Internet Archive
Internet Archive did not violate
Shell's copyright. Shell responded and brought a countersuit against
Internet Archive
Internet Archive for archiving her site, which she alleges is in
violation of her terms of service.[67] On February 13, 2007, a judge
for the
United States
United States District Court for the District of Colorado
dismissed all counterclaims except breach of contract.[66] The
Internet Archive
Internet Archive did not move to dismiss copyright infringement claims
Shell asserted arising out of its copying activities, which would also
go forward.[68]
On April 25, 2007,
Internet Archive
Internet Archive and
Suzanne Shell jointly
announced the settlement of their lawsuit.[65] The
Internet
Internet Archive
said it "...has no interest in including materials in the Wayback
Machine of persons who do not wish to have their Web content archived.
We recognize that Ms. Shell has a valid and enforceable copyright in
her Web site and we regret that the inclusion of her Web site in the
Wayback Machine
Wayback Machine resulted in this litigation." Shell said, "I respect
the historical value of
Internet
Internet Archive's goal. I never intended to
interfere with that goal nor cause it any harm."[69]
Daniel Davydiuk[edit]
In 2013–2016, a pornographic actor tried to remove archived images
of himself from the WayBack Machine's archive, first by sending
multiple
DMCA
DMCA requests to the archive, and then by appealing to the
Federal Court of Canada.[70][71][72]
Censorship and other threats[edit]
Archive.org is currently blocked in China.[73][74] After the site
enabled the encrypted
HTTPS
HTTPS protocol, the
Internet Archive
Internet Archive was blocked
in its entirety in Russia in 2015.[75][76][47][needs update?]
Alison Macrina, director of the Library Freedom Project, notes that
"while librarians deeply value individual privacy, we also strongly
oppose censorship".[47]
There are known rare cases where online access to content which "for
nothing" has put people in danger was disabled.[47]
Other threats include natural disasters,[77] destruction (remote or
physical),[citation needed] manipulation of the archive's contents
(see also: cyberattack, backup), problematic copyright laws[78] and
surveillance of the site's users.[79]
Kevin Vaughan suspects that in the long-term of multiple generations
"next to nothing" will survive in a useful way besides "if we have
continuity in our technological civilization" by which "a lot of the
bare data will remain findable and searchable".[80]
Some find the
Internet
Internet Archive, which describes itself to be built for
the long-term,[81] to be working furiously to capture data before it
disappears without any long-term infrastructure to speak of.[82]
See also[edit]
Collective memory
National memory
Deep web
Heritrix
Library Genesis
The Memory Hole
Web archiving
WebCite
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^ Jeff (September 23, 2002). "exclusions from the Wayback Machine"
(Blog).
Wayback Machine
Wayback Machine Forum.
Internet
Internet Archive. Archived from the
original on February 11, 2007. Retrieved 2007-01-04. Author and
Date indicate initiation of forum thread.
^ Miller, Ernest. "Sherman, Set the
Wayback Machine
Wayback Machine for Scientology".
LawMeme. Yale Law School. Archived from the original (Blog) on 16
November 2012. Retrieved 2007-01-04.
^ Dye, Jessica (2005). "Website Sued for Controversial Trip into
Internet
Internet Past". EContent. 28. (11): 8–9.
^ Bangeman, Eric (August 31, 2006). "
Internet Archive
Internet Archive Settles Suit
Over Wayback Machine". Ars technica. Archived from the original on
November 5, 2007. Retrieved 2007-11-29.
^ a b
Internet Archive
Internet Archive v. Shell, 505 F.Supp.2d 755 at justia.com,
1:2006cv01726 (Colorado District Court 2006-08-31) (“'April 25, 2007
Settlement agreement announced.' Filing 65, 2007-04-30: '...therefore
ORDERED that this matter shall be DISMISSED WITH PREJUDICE...'”).
^ a b Babcock, Lewis T., Chief Judge (2007-02-13). "
Internet
Internet Archive
v. Shell Civil Action No. 06cv01726LTBCBS" (PDF). Archived (PDF) from
the original on 2014-01-25. Retrieved 2015-03-25. 1) Internet
Archive's motion to dismiss Shell's counterclaim for conversion and
civil theft (Second Cause of Action) is GRANTED, 2)
Internet
Internet Archive's
motion to dismiss Shell's counterclaim for breach of contract (Third
Cause of Action) is DENIED; 3)
Internet
Internet Archive's motion to dismiss
Shell's counterclaim for Racketeering under RICO and COCCA (Fourth
Cause of Action) is GRANTED.
^ Claburn, Thomas (2007-03-16). "Colorado Woman Sues To Hold Web
Crawlers To Contracts". New York, NY, US: InformationWeek, UBM Tech,
UBM LLC. Archived from the original on 2014-09-04. Retrieved
2015-03-25. Computers can enter into contracts on behalf of people.
The Uniform Electronic Transactions Act (UETA) says that a 'contract
may be formed by the interaction of electronic agents of the parties,
even if no individual was aware of or reviewed the electronic agents'
actions or the resulting terms and agreements.'
^ Samson, Martin H., Phillips Nizer LLP (2007). "
Internet Archive
Internet Archive v.
Suzanne Shell". internetlibrary.com.
Internet
Internet Library of Law and Court
Decisions. Archived from the original on 2014-08-03. Retrieved
2015-03-25. More importantly, held the court,
Internet
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
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.'
^ brewster (2007-04-25). "
Internet Archive
Internet Archive and
Suzanne Shell Settle
Lawsuit". archive.org. Denver, CO, USA:
Internet
Internet Archive. Archived
from the original on 2010-12-05. Retrieved 2015-03-25. Both parties
sincerely regret any turmoil that the lawsuit may have caused for the
other. Neither
Internet Archive
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.
^ "
Copyright
Copyright Implications Of A "Right To Be Forgotten"? Or How To
Take-Down The
Internet
Internet Archive. – Intellectual Property –
Canada".
^ "Davydiuk v.
Internet Archive
Internet Archive Canada, 2014 FC 944".
^ "Davydiuk v.
Internet Archive
Internet Archive Canada and
Internet
Internet Archive, 2016 FC
1313 (CanLII)".
^ Conger, Kate. "Backing up the history of the internet in Canada to
save it from Trump". TechCrunch. Archived from the original on 27
December 2016. Retrieved 14 May 2017.
^ "Where to find what's disappeared online, and a whole lot more: the
Internet
Internet Archive". Public Radio International. Archived from the
original on 28 March 2017. Retrieved 14 May 2017.
^ Chirgwin, Richard. "There's no Wayback in Russia: Putin blocks
Archive.org". Archived from the original on 7 October 2016. Retrieved
14 May 2017.
^ "Russia won't go Wayback, blocks the
Internet
Internet Archive". Digital
Trends. 26 June 2015. Archived from the original on 17 April 2016.
Retrieved 14 May 2017.
^ "
Help Us Keep the
Archive
Archive Free, Accessible, and Reader Private
Internet Archive
Internet Archive Blogs". Archived from the original on 21 May 2017.
Retrieved 14 May 2017.
^ "
Internet
Internet Archive: Proposed Changes To
DMCA
DMCA Would Make Us "Censor
The Web"". Consumerist. 7 June 2016. Archived from the original on 11
November 2016. Retrieved 14 May 2017.
^ Herb, Ulrich. "Die Trump-Angst grassiert" (in German). heise online.
Archived from the original on 7 December 2016. Retrieved 14 May
2017.
^ LaFrance, Adrienne. "The Internet's Dark Ages". The Atlantic.
Archived from the original on 7 May 2017. Retrieved 14 May 2017.
^ "The Entire
Internet
Internet Will Be Archived In Canada to Protect It From
Trump". Motherboard. Archived from the original on 16 May 2017.
Retrieved 14 May 2017.
^ LaFrance, Adrienne. "The Human Fear of Total Knowledge". The
Atlantic. Archived from the original on 2 December 2016. Retrieved 14
May 2017.
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