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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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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
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

References[edit]

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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
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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
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Archive's motion to dismiss Shell's counterclaim for breach of contract (Third Cause of Action) is DENIED; 3) Internet
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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
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v. Suzanne Shell". internetlibrary.com. Internet
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Library of Law and Court Decisions. Archived from the original on 2014-08-03. Retrieved 2015-03-25. More importantly, held the court, Internet
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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
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and Suzanne Shell Settle Lawsuit". archive.org. Denver, CO, USA: Internet
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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
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Canada, 2014 FC 944".  ^ "Davydiuk v. Internet Archive
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Canada and Internet
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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
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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
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Free, Accessible, and Reader Private Internet Archive
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Blogs". Archived from the original on 21 May 2017. Retrieved 14 May 2017.  ^ " Internet
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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
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