Defining the "date of infringement" ...

[The-Gobbler]

Hi guys.  Hypothetical here:

Lets say you've got an old ass blog post from 2005 with an image on it.  The troll discovers it last week.

Is the "date of infringement" the date last week that the troll discovers it, or is it the date on the blog post from 2005?

(obviously, just because the blog post is dated 2005 doesn't always mean it was posted then as many people back-date things... but strictly speaking lets assume it *was* posted in 2005)

[stinger]

For the three year Statute of Limitations, the date of infringement is the earliest date the infringement is discovered by the infringed party.  In your example, if you were notified last week, the earliest date of infringement you can prove, is the date you were notified.  Obviously, they would have known for some period of time prior to that.

[Robert Krausankas (BuddhaPi)]

I think it's fairly easy to quash this, many servers do not have the time / date set properly, they would somehow need to "prove" that this date is accurate. scrubby this from archive.org would make it more difficult.

[The-Gobbler]

Cool...  well, you guys reckon it's safe to assume that the troll will *claim* the date of infringement is the date stamped on the blog post (regardless of how provable this is)?

In my case I have the bonus advantage that the post in question does not appear in archive.org at all until the last few weeks (probably because their robot was poking around).

[Robert Krausankas (BuddhaPi)]

for sure that's what they will claim, but the fact of the matter is, the infrngemtn wasn't discovered until much later.

[zazen]

Robert- Novice question to be sure..is scrubbing from Archive.org a fairly straightforward process?? Thanx

[Robert Krausankas (BuddhaPi)]

fairly simple process: https://archive.org/about/exclude.php