Via Michael Geist: Federal Judge Clears Law Firm Accused of Hacking Opponents' Web Archives
"Although the archived pages were supposed to be shielded from public view, the protections failed and lawyers at Harding Earley Follmer & Frailey in Valley Forge, Pa., did not hack their way in, Eastern District of Pennsylvania Judge Robert Kelly Jr. ruled last week on summary judgment.
"They did not 'pick the lock' and avoid or bypass the protective measure, because there was no lock to pick," Kelly wrote in Healthcare Advocates Inc. v. Harding Earley Follmer & Frailey, No. 05-3524. "Nor did the Harding firm steal passwords to get around a protective barrier. ... The Harding firm could not 'avoid' or 'bypass' a digital wall that was not there."
The ruling, if it stands, wards off a potential judgment of $3 million in damages a patients' advocacy company sought from the firm."