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Wayback Machine Safe, Settlement Disappointing

Jibbanx writes "Healthcare Advocates and the Internet Archive have finally resolved their differences, reaching an undisclosed out-of-court settlement. The suit stemmed from HA's anger over the Wayback Machine showing pages archived from their site even after they added a robots.txt file to their webserver. While the settlement is good for the Internet Archive, it's also disappointing because it would have tested HA's claims in court. As the article notes, you can't really un-ring the bell of publishing something online, which is exactly what HA wanted to do. Obeying robots.txt files is voluntary, after all, and if the company didn't want the information online, they shouldn't have put it there in the first place."

5 of 182 comments (clear)

  1. Don't need no Wayback by kaizenfury7 · · Score: 5, Funny

    If you go directly to their site, you get a version of their site that looks like it's from 1995.

  2. A world without cooperation by Anonymous Coward · · Score: 5, Insightful

    Obeying robots.txt is "voluntary" in the same sense that obeying RFCs is voluntary. In other words, it isn't. You can technically ignore any and all standards, but there will be sanctions. In the case of robots.txt, these sanctions can very well be court ruling against you, because robots.txt is an established standard for regulation of the interaction between automated clients and webservers. As such it is an effective declaration of the rights that a server operator is willing to give to automated clients in contrast to human clients. This is especially important with regard to services which mirror webpages. Doing so without the (assumed) consent of the author is a straightforward copyright violation and if the author explicitly denies robot access, then the service operator knowingly redistributes the work against the author's will.

    Even if you don't fear the legal system, disregarding robots.txt can quickly get you in trouble. There are junk-scripts which feed bots endlessly and there are blocklisting automatisms against unbehaving bots. If people program their bots to ignore robots.txt, these and possibly more proactive self-defense mechanisms will become the norm. Is that the net you want? Maybe obeying robots.txt is the better alternative, don't you think?

    1. Re:A world without cooperation by Anonymous Coward · · Score: 5, Insightful

      An attitude like yours is exactly why people go to court over these things. If you don't even adhere to the most basic rules, then it's easier and less costly to have you pay my lawyers and a fine instead of trying to stop robots from reading information that human users are supposed to see without difficulty. The lack of common courtesy on the net is disconcerting. The server tells you in no uncertain terms that you are not welcome, but you keep requesting "forbidden" pages. Consider an analogous situation in real life: You are walking in the park and someone asks you for a dollar. You decline, but the beggar keeps asking. You're saying that accepting your first denial as binding is "voluntary" and the beggar can keep bugging you as long as he likes. If that happened to me twice, I'd have the asshole arrested, and that's exactly what you're going to see online if people don't behave, especially when their behaviour leads to copyright violations which would have been avoided if they had followed the robot exclusion standard.

  3. Retroactive robots.txt by Kelson · · Score: 5, Insightful

    I recently discovered exactly how the Wayback Machine deals with changes to robots.txt.

    First, some background. I have a weblog I've been running since 2002, switching from B2 to WordPress and changing the permalink structure twice (with appropriate HTTP redirects each time) as nicer structures became available. Unfortunately, some spiders kept hitting the old URLs over and over again, despite the fact that they forwarded with a 301 permanent redirect to the new locations. So, foolishly, I added the old links to robots.txt to get the spiders to stop.

    Flash forward to earlier this week. I've made a post on Slashdot, which reminds me of a review I did of Might and Magic IX nearly four years ago. I head to my blog, pull up the post... and to my horror, discover that it's missing half a sentence at the beginning of a paragraph and I don't remember the sense of what I originally wrote!

    My backups are too recent (ironic, that), so I hit the Wayback Machine. They only have the post going back to 2004, which is still missing the chunk of text. Then I remember that the link structure was different, so I try hitting the oldest archived copies of the main page, and I'm able to pull up the summary with a link to the original location. I click on it... and I see:

    Excluded by robots.txt (or words to that effect).

    Now this is a page that was not blocked at the time that ia_archiver spidered it, but that was later blocked. The Wayback machine retroactively blocked access to the page based on the robots.txt content. I searched through the documentation and couldn't determine whether the data had actually been removed or just blocked, so I decided to alter my site's robots.txt file, fire off a request for clarification, and see what happened.

    As it turns out, several days later, they unblocked the file, and I was able to restore the missing text.

    In summary, the Wayback Machine will block end-users from accessing anything that is in your current robots.txt file. If you remove the restriction from your robots.txt, it will re-enable access, but only if it had archived the page in the first place.

  4. Re:Info published on the Internet... by phulegart · · Score: 5, Informative

    so if my content is behind a protected "members area" then it is still public domain and should be freely available? If I am a photographer, and my site clearly states that all images are copyright of a certain date and that use of them without my permission is forbidden, that means nothing? If someone uses images of me without my permission, that they got from a website or protected members area, how is it that I can get them removed by complaining? If they are public domain, then it should be my tough luck, right?

    If I post your credit card and bank information on a forum site, does that mean it is now public domain and you have no protection?

    If I post on a forum site that I am selling stolen credit card info and bank info, my post should not be touched, because it is public domain and it should be freely available?

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