Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence - Joseph Hage Aaronson

Commercial Litigation and Arbitration

Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Wayback Machine Credited over Party’s Submitted Evidence

Erickson v. Neb. Machinery Co., 2015 U.S. Dist. LEXIS 87417 (N.D. Cal. July 6, 2015):

In this copyright infringement suit, plaintiffs Jim Erickson and his production company allege that defendant Nebraska Machinery Company displayed ten of his photos on its website without permission. ***

1 Plaintiffs provided copies of current versions of these websites, see Dkt. Nos. 24-1, 24-2, but the Internet Archive's Wayback Machine shows that the websites were substantively identical during the relevant timeframe. Courts have taken judicial notice of the contents of web pages available through the Wayback Machine as facts that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned, see Fed. R. Evid. 201; Pond Guy, Inc. v. Aquascape Designs, Inc., No. 13-13229, 2014 U.S. Dist. LEXIS 85504, 2014 WL 2863871, at *4 (E.D. Mich. Jun. 24, 2014); In re Methyl Tertiary Butyl Ether (MTBE) Products Liab. Litig., 2013 U.S. Dist. LEXIS 181837, 2013 WL 6869410 (S.D.N.Y. Dec. 30, 2013), and the Court does so here.

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