refblog

"Magistrate Judge Arlander Keys rejected Polska’s [the defendant in the case at bar] assertion of hearsay, holding that the archived copies [of the web page] were not themselves statements susceptible to hearsay exclusion, since they merely showed what Polska had previously posted on its site. He also noted that, since Polska was seeking to suppress evidence of its own previous statements, the snapshots would not be barred even if they were hearsay. Over Polska’s objection, Judge Keys accepted an affidavit from an Internet Archive employee as sufficient to authenticate the snapshots for admissibility."
Source: Stanford Law School Center for Internet and Society
Seen at: inter alia