The Volokh Conspiracy - The DMCA and the Wayback Machine:

Bill Patry has a fascinating post on a novel and seemingly quite troubling lawsuit; I haven't focused closely on this, and probably won't be able to for several days, but I thought I'd pass it along for those who are following this subject. Here's the opening paragraph:

On July 8th, a complaint was filed in the United States District Court for the Eastern District of Pennsylvania, Healthcare Advocates, Inc. v. Harding, Early, Follmer & Frailey, et al. . . . Those who decry the DMCA as an (attempted) tool of oppression will find more than ample support in this effort. Other laws are implicated too, including some I venture to guess most IP lawyers have never heard of at least in the IP context, for example, a Greta Garbo like claim for "Intrusion upon Seclusion." Others, such as the Computer Fraud & Abuse Act and trespass to chattels have become better known recently but are invoked here in a novel way, to say the least. In my opinion . . ., the Healthcare Advocates complaint represents a misuse of the legal process. . . .

	[Eugene Volokh, July 12, 2005 at 6:28pm] Trackbacks The DMCA and the Wayback Machine: Bill Patry has a fascinating post on a novel and seemingly quite troubling lawsuit; I haven't focused closely on this, and probably won't be able to for several days, but I thought I'd pass it along for those who are following this subject. Here's the opening paragraph: On July 8th, a complaint was filed in the United States District Court for the Eastern District of Pennsylvania, Healthcare Advocates, Inc. v. Harding, Early, Follmer & Frailey, et al. . . . Those who decry the DMCA as an (attempted) tool of oppression will find more than ample support in this effort. Other laws are implicated too, including some I venture to guess most IP lawyers have never heard of at least in the IP context, for example, a Greta Garbo like claim for "Intrusion upon Seclusion." Others, such as the Computer Fraud & Abuse Act and trespass to chattels have become better known recently but are invoked here in a novel way, to say the least. In my opinion . . ., the Healthcare Advocates complaint represents a misuse of the legal process. . . .