[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: XML Conference archives
"the employee's affidavit contained both hearsay and inconclusive # supporting statements, and the purported webpage printouts themselves # were not self-authenticating." Thanks John. I wonder how much stronger the resources would be if they were semantic web constructs. If the content contained hearsay, I understand the ruling. Not being "self-authenticating" is dodgy in that all it seems to imply is the resource is not "authoritative". The notion of "self authentication" is ??? len -----Original Message----- From: John Cowan [mailto:cowan@ccil.org] On Behalf Of John Cowan Sent: Monday, June 04, 2012 2:18 PM To: Len Bullard Cc: xml-dev@lists.xml.org Subject: Re: XML Conference archives Len Bullard scripsit: > The reasoning for that decision is of interest. Was it based on lack > of provability or traceability of the resources or the timestamp? > This might be a precedent for other copyright claims. Quoth Wikipedia: # In an October 2004 case called "Telewizja Polska SA v. Echostar # Satellite", a litigant attempted to use the Wayback Machine archives as # a source of admissible evidence, perhaps for the first time. Telewizja # Polska is the provider of TVP Polonia and EchoStar operates the Dish # Network. Prior to the trial proceedings, EchoStar indicated that # it intended to offer Wayback Machine snapshots as proof of the past # content of Telewizja Polska's website. 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.[14] However, at the actual # trial, district Court Judge Ronald Guzman, the trial judge, overruled # Magistrate Keys' findings, and held that neither the affidavit of the # Internet Archive employee nor the underlying pages (i.e., the 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 webpage printouts themselves # were not self-authenticating. Citation to http://tinyurl.com/84ldxbl (PDF), which I have not read. -- Dream projects long deferred John Cowan <cowan@ccil.org> usually bite the wax tadpole. http://www.ccil.org/~cowan --James Lileks
[Date Prev] | [Thread Prev] | [Thread Next] | [Date Next] -- [Date Index] | [Thread Index] |
PURCHASE STYLUS STUDIO ONLINE TODAY!Purchasing Stylus Studio from our online shop is Easy, Secure and Value Priced! Download The World's Best XML IDE!Accelerate XML development with our award-winning XML IDE - Download a free trial today! Subscribe in XML format
|