McCARTER & ENGLISH, LLP
Mellon Bank Center
1735 Market Street, Suite 700
Philadelphia, PA 19103
(215) 979-3800
Attorneys for Plaintiff
Healthcare Advocates, Inc.

Plaintiff Healthcare Advocates, Inc. ("Healthcare Advocates" or "Plaintiff"), by and through its attorneys, McCarter & English, LLP, as and for its complaint against defendants Harding, Earley, Follmer & Frailey (the "Harding, Earley law firm" or "defendant law firm"), John Does 1-10, John Does 11-20, John Does 21-30, and Internet Archive (collectively, "Defendants") alleges as follows:

1. This is a civil action to remedy at least 92 separate acts of unauthorized electronic access to archived and copyright-protected Internet web site content of Healthcare Advocates through the Wayback Machine at www.archive.org by partners, associates, legal assistants and other employees of Harding, Earley law firm during the course of discovery in an underlying lawsuit which content Internet Archive failed to secure, conduct constituting violations of the Digital Millennium Copyright Act, copyright infringement, violations of the Computer Fraud and Abuse Act, and civil conspiracy, action in trespass for trespass to chattels, action in trespass for conversion, intrusion upon seclusion, breach of contract, promissory estoppel, breach of fiduciary duty, negligent dispossession, and negligent misrepresentation under the common law of the Commonwealth of Pennsylvania.

2. Plaintiff Healthcare Advocates is a Delaware corporation having a principal place of business at 1420 Walnut Street, Suite 908, Philadelphia, Pennsylvania 19102.

3. Upon information and belief, Defendant Harding, Earley law firm is a partnership having its principal place of business at 86 The Commons at Valley Forge East, 1288 Valley Forge Road, Valley Forge, Pennsylvania 19482-0750.

4. Defendants John Does 1-10 are past or present partners of defendant Harding, Earley law firm who directly participated in, aided and abetted, or were members of a conspiracy that pursued a goal of obtaining unauthorized access to the copyright-protected historical content of the Internet web site www.healthcareadvocates.com through the Internet Archive Wayback Machine via the Internet web site www.archive.org. The identity of John Does 1-10 is presently unknown, but will be ascertained through discovery.

5. Defendants John Does 11-20 are past or present associates of defendant Harding, Earley law firm who directly participated in, aided and abetted, or were members of a conspiracy that pursued a goal of obtaining unauthorized access to the copyright-protected historical content of the Internet web site www.healthcareadvocates.com through the Internet Archive Wayback Machine via the Internet web site www.archive.org. The identity of John Does 11-20 is presently unknown, but will be ascertained through discovery.

6. Defendant John Does 21-30 are past or present legal assistants or other non-lawyer employees of defendant Harding, Earley law firm who directly participated in, aided and abetted, or were members of a conspiracy that pursued a goal of obtaining unauthorized access to the copyright-protected historical content of the Internet web site www.archive.org. The identity of John Does 21-30 is presently unknown, but will be ascertained through discovery.

7. Upon information and belief, defendant Internet Archive is a non-profit organization with a principal place of business of The Presidio of San Francisco, 116 Sheridan Avenue, San Francisco, California 94129.

8. This action arises under the Digital Millennium Copyright Act, 17 U.S.C. § 1201, et seq.; the Copyright Act, 17 U.S.C. § 101 et seq.; the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and under the common law of the Commonwealth of Pennsylvania. Original federal question subject matter jurisdiction over this action is conferred upon this Court by 28 U.S.C. § 1331. Supplemental jurisdiction over the causes of action under Pennsylvania state law are proper pursuant to 28 U.S.C § 1367(a) insofar as these causes of action are so related to claims within such original jurisdiction that they form part of the same case or controversy. Supplemental jurisdiction over defendant Internet Archive is proper pursuant to 28 U.S.C. § 1367(a) insofar as the causes of action alleged against this defendant are derived from a nucleus of operative fact common to the predominant federal causes of action and that, regardless of their state or federal character, the causes of action contained herein are such that plaintiff Healthcare Advocates would ordinarily be expected to try them all in one judicial proceeding.

9. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims alleged herein occurred in this District.

Plaintiff Healthcare Advocates

10. Plaintiff Healthcare Advocates, a pioneer in the patient advocacy field, assists the public in securing, paying for, and receiving reimbursement for necessary health care. The company provides its members with medical research, health care counseling, a physician referral service; access to discount prescription, dental and vision plans; access to private health care financing, counseling on medical bill insurance reimbursement, an insurance fee negotiation service, and an insurance dispute resolution service.

11. Since 1998, plaintiff Healthcare Advocates has owned and operated the Internet web site www.healthcareadvocates.com which, among other things, lists answers to frequently asked questions about the company, describes the services it offers and the fees that it charges, and provides articles on health care issues and letters from satisfied clients. This web site is hosted and administered on a computer server located at an Internet service provider ("ISP") in Florida and is accessible to the general public via the Internet.

12. The contents of the www.healthcareadvocates.com web site are original works of authorship and constitute copyrightable subject matter under the copyright laws of the United States. Kevin Flynn, the president of plaintiff Healthcare Advocates, authored the contents of the www.healthcareadvocates.com web site in his capacity as an employee of plaintiff Healthcare Advocates and plaintiff Healthcare Advocates owns all rights of copyright in the contents of the www.healthcareadvocates.com web site. As such, plaintiff Healthcare Advocates possesses the exclusive rights set forth in 17 U.S.C. § 106 with respect to the contents of the www.healthcareadvocates.com web site.

13. Plaintiff Healthcare Advocates has applied for and received from the Register of Copyrights the appropriate Certificates of Copyright Registration for the contents of the www.healthcareadvocates.com web site. True and accurate copies of the Certificates of Copyright Registration for the contents of the www.healthcareadvocates.com web site are attached as Exhibit A. All acts of copyright infringement by defendant Harding, Earley law firm, defendant John Does 1-10, defendant John Does 11-20, and defendant John Does 21-30 as alleged herein were commenced on or after the issuance date of the relevant Certificates of Copyright Registration owned by plaintiff Healthcare Advocates.

The Underlying Lawsuit

14. On June 26, 2003, plaintiff Healthcare Advocates and Mr. Flynn filed Civil Action No. 03-3764 in the United States District Court for the Eastern District of Pennsylvania against Health Advocate, Inc. ("Health Advocate"), a competitor, and several associated individuals alleging misappropriation of trade secrets, unfair competition, tortious interference with existing and prospective business relations, fraud, breach of contract, unjust enrichment, conspiracy, violation of the Lanham Act, trademark and service mark infringement, and copyright infringement arising from misuses of proprietary information and trade secrets Healthcare Advocates provided to Health Advocate pursuant to a non-disclosure agreement (the "underlying lawsuit").

Defendant Harding, Earley Law Firm

15. Upon information and belief, defendant Harding, Earley law firm is an intellectual property boutique claiming expertise in the areas of patent, trademark, copyright, unfair competition, Internet, e-commerce, computers and licensing. John F.A. Earley III, an attorney in defendant Harding, Earley law firm, currently serves as Vice President of the Philadelphia Intellectual Property Law Association.

16. Defendant Harding, Earley law firm initially represented all of the defendants in the underlying lawsuit. However, as the litigation progressed, defendant Harding, Earley law firm elected to represent only one of the individual defendants.

17. Upon information and belief, at all times relevant to the causes of action alleged herein, defendant Harding, Earley law firm obtained Internet access for the firm through ISP XO Communications and defendant law firm's computers were assigned and used a static DSL connection with the domain name system ("DNS") address w202.z064000220.phl-pa.dsl.cnc.net for accessing the Internet from its offices in Valley Forge.

Defendant Internet Archive and the Wayback Machine

18. Defendant Internet Archive is a non-profit organization founded to build an "Internet library" with the purpose of offering researchers, historians, and scholars permanent access to historical collections that exist in digital format. Its collection includes not only text and books, but also open source movies, public domain feature films, vintage cartoons, historic newsreels, archived news video and other moving images; audio music recordings of a variety of bands and artists; and legally downloadable software titles and background information on these titles.

19. In collaboration with the Library of Congress, the Smithsonian Institution and other public organizations, defendant Internet Archive also archives the content of publicly accessible Internet web sites that otherwise would disappear as it is updated, removed by its owners, or otherwise ceases to exist in an effort to preserve the cultural and historical value of this material. To gather this information, defendant Internet Archive and its partners have used automated processes to "crawl" the Internet and take snapshots of web site content on a wide variety of dates, capturing a chronological record of the evolving versions of these web sites. Defendant Internet Archive's repository of web site content contains approximately one perabyte of data and is currently growing at a rate of 20 terabytes per month. Upon information and belief, defendant Internet Archive's computer servers storing archived historical web site content are located in California.

20. The Internet Archive Wayback Machine (the "Wayback Machine") is a service provided by defendant Internet archive at www.archive.org to allow the public access to these archived versions of web site content. By typing in the Uniform Resource Locator ("URL") or Internet web address of a web site of interest into the Wayback Machine, an individual can view and "surf" that web site as it existed on any or all of the capture dates as far back as 1996.

Internet Archive's Policy for Blocking Public Access to Archived Web Site Content

21. At all times relevant to the causes of action alleged herein, defendant Internet Archive had an exclusion policy whereby, at the request of a web site owner, it blocked public access to any archived historical content for a web site via the Wayback Machine and refrained from future "crawling" of that web site to capture and archive any additional content. Such restricted access was accomplished by having the web site owner install a small text string (the "denial text string") in the file named "robots.txt" (the "robots.txt file") on the computer server hosting the web site.

22. At all times relevant to the causes of action alleged herein, when an individual attempted to access archived historical content for a web site via the Wayback Machine, www.archive.org generated a request to the computer server hosting the web site to search for a denial text string in the robots.txt file. If that text string existed in the robots.txt file, that individual should have been confronted with a web page entitled "Robots.txt Query Exclusion" advising that the owner of the web site had blocked access to the archived historical content via robots.txt (the "access denial screen") and should have been denied access to the archived historical content of that web site by defendant Internet Archive. On the other hand, if the denial text string did not exist in the robots.txt file, defendant Internet Archive granted access to the archived historical web site content stored on Internet Archive's computer servers.

23. At all times relevant to the causes of action alleged herein, defendant Internet Archive represented to web site owners that as long as the denial text string was properly installed in the robots.txt file of the computer server hosting their web sites, defendant Internet Archive would prevent individuals from gaining access to the archived historical content for their web sites via the Wayback Machine at www.archive.org.

Healthcare Advocates Blocks Public Access to Its Archived Web Site Content

24. On July 8, 2003, Mr. Flynn properly installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site. This denial text string remained properly installed on July 9, 2003 and July 14, 2003, and should have blocked access to individuals seeking the archived historical content of the www.healtcareadvocates.com web site through the Wayback Machine at www.archive.org on those dates.

Hacker #1 from Harding, Earley Law Firm on Notice that Archive Content Blocked

25. On July 9, 2003, at approximately 09:08:03 EDT, an unknown representative of defendant Harding, Earley law firm using DNS address w202.z064000220.phl-pa.dsl.cnc.net attempted to access the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org and was first confronted with an access denial screen stating "We're sorry, access to http://wwww.healthcareadvocates.com has been blocked by the site owner via robots.txt."

Hacker #1 from Harding, Earley Law Firm Successfully Hacks into www.archive.org

26. On that same date, during the period from approximately 09:09:37 EDT through 09:15:52 EDT, this unknown representative of defendant Harding, Earley law firm made eight unsuccessful attempts to access the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org.

27. On that same date, at approximately 09:16:31 EDT, this unknown representative of defendant Harding, Earley law firm finally managed to successfully circumvent the security offered by the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site. This unknown representative of defendant Harding, Earley law firm then sought access to the web page describing plaintiff Healthcare Advocates' services from an archived January 16, 1999 version of the www.healthcareadvocates.com web site on defendant Internet Archive's computer servers.

Hacker #2 from Harding, Earley Law Firm on Notice that Archived Content Blocked

28. On July 9, 2003, at approximately 09:18:19 EDT, another unknown representative of defendant Harding, Earley law firm on a different computer using DNS address w202.z064000220.phl-pa.dsl.cnc.net attempted to access the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org and was first confronted with an access denial screen stating "We're sorry, access to http://www.healthcareadvocates.com/* has been blocked by the site owner via robots.txt."

Hacker #2 from Harding, Earley Law Firm Successfully Hacks into www.archive.org

29. On that same date, at approximately 09:24:47 EDT, this second unknown representative of defendant Harding, Earley law firm made two unsuccessful attempts to access the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org.

30. On that same date, at approximately 09:25:41 EDT, this second unknown representative of defendant Harding, Earley law firm finally managed to successfully circumvent the security offered by the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site. This second unknown representative of defendant Harding, Earley law firm then sought to access the Healthcare Advocates web page containing an article on relationships from an archived June 9, 2000 version of the www.healthcareadvocates.com web site on defendant Internet Archive's computer servers.

Harding, Earley Law Firm Hacks www.archive.org at Least 86 Times on July 9, 2003

31. Throughout July 9, 2003, employing variations on this theme of repeated unsuccessful attempts to access to the archived historical content of the www.healthcareadvocates.com web site followed by one or more successful circumventions of the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site, at least two unknown representatives of defendant Harding, Earley law firm made approximately 711 unsuccessful attempts to access the archived historical content of the www.healthcareadvocates.com web site stored on defendant Internet Archive's computer servers and, using DNS address w202.z064000220.phl-pa.dsl.cnc.net, succeeded in

(a) circumventing the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site;

(b) making an unauthorized request to www.archive.org for archived historical content of the www.healthcareadvocates.com web site stored on defendant Internet Archive's computer servers;

(c) causing defendant Internet Archive's computer servers to request and to obtain access to

(i) archived historical content of the www.healthcareadvocates.com web site from defendant Internet Archive's computer servers;

(ii) content of the then current version of the www.healthcareadvocates.com web site from the computer server hosting the www.healthcareadvocates.com web site; or

(iii) a mixture of archived historical content and then current content of the www.healthcareadvocates.com web site both from defendant Internet Archive's computer servers and from the computer server hosting the www.healthcareadvocates.com web site; and

(d) displaying that content on the screen of the computer at the offices of defendant Harding, Earley law firm that initiated the request on at least the following 86 separate occasions:

Internet Archive Advised of Repeated Unauthorized Accesses

32. On July 9, 2003, Mr. Flynn advised a representative of defendant Internet Archive about the unusually heavy volume of web site inquiries emanating from www.archive.org to the www.healthcareadvocates.com web site, provided defendant Internet Archive with copies of the web logs from the computer server hosting the www.healthacareadvocates.com web site, and requested that defendant Internet Archive identify and resolve the problem.

Internet Archive Professes to Have Resolved the Problem

33. On July 10, 2003, a representative of defendant Internet Archive advised Mr. Flynn that the heavy volume of web inquiries emanating from www.archive.org to the www.healthcareadvocates.com web site on the previous day occurred because (a) an individual was "aggressively" utilizing the Wayback Machine to gather archived historical content of the www.healthcareadvocates.com web site; and (b) the mechanism preventing www.archive.org from searching a particular web site's host computer server for a denial text string in the robots.txt file more than once per day was "broken."

34. This representative of defendant Internet Archive further advised Mr. Flynn that "[w]e've reset the once-per-day mechanism and so the problem should be ended, for now."

35. This representative of defendant Internet Archive then admitted to Mr. Flynn that "a []robots.txt rule can't really protect against this sort of glitch on our end."

Harding, Early Law Firm Hacks www.archive.org at Least 6 More Times on July 14, 2003

36. On July 14, 2003, during the period from approximately 09:33:27 EDT through 09:34:02 EDT, an unknown representative of defendant Harding, Earley law firm made five unsuccessful attempts to access the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org.

37. Thereafter, on that date, despite the advice from the representative of defendant Internet Archive that the security problem had been resolved, this unknown representative of defendant Harding, Earley law firm, using DNS address w202.z064000220.phl-pa.dsl-cnc.net, succeeded in

(a) circumventing the denial text string in the robots.txt file on the computer server hosting the www.healthccareadvocates.com web site;

(b) making an unauthorized request to www.archive.org for archived historical content of the www.healthcareadvocates.com web site stored on defendant Internet Archive's computer servers;

(c) causing defendant Internet Archive's computer servers to request and to obtain access to

(i) archived historical content of the www.healthcareadvocates.com web site from defendant Internet Archive's computer servers;

(ii) content of the then current version of the www.healthcareadvocates.com web site from the computer server hosting the www.healthcareadvocates.com web site; or

(iii) a mixture of archived historical content and then current content of the www.healthcareadvocates.com web site both from defendant Internet Archive's computer servers and from the computer server hosting the www.healthcareadvocates.com web site; and

(d) displaying that content on the screen of the computer at the offices of defendant Harding, Earley law firm that initiated the request on at least the following 6 separate occasions:

Admissions Under Oath by Harding, Earley Law Firm

38. In an affidavit dated May 20, 2004 that was filed in the underlying lawsuit, Frank Bonini, Jr., an attorney in defendant Harding, Earley law firm, admitted under oath as follows:

(a) defendant Harding, Earley law firm, on behalf of its then client Health Advocate, undertook to investigate the claims raised by plaintiff Healthcare Advocates in the complaint filed in the underlying lawsuit by accessing publicly available Internet web sites, including www.archive.org;

(b) the Internet web site www.archive.org stores "previously public website pages of others;"

(c) "[a]s part of [defendant Harding, Earley law firm's] investigation, attorneys in [defendant law firm], and a legal assistant, acting under the direction of one or more attorneys of [defendant law firm], accessed public information from the publicly accessible web site, www.archive.org, using the methods provided at the web site;"

(d) "[i]n conducting the investigation, when [defendant Harding, Earley law firm] accessed archive.org, and searched the Wayback Machine provided on the archive.org web site, an array of pages by date were presented for the domain name searched;"

(e) defendant Harding, Earley law firm was contemporaneously submitting to the court in camera copies of the materials that "were obtained from archive.org and include copies of previously published web pages of Plaintiffs;" and

(f) "[t]he materials were obtained for the purpose of investigation and analysis of the Plaintiffs' claims, and providing a defense to Health Advocate, Inc., and other defendants."

39. Despite repeated requests during the course of discovery in the underlying lawsuit, plaintiff Healthcare Advocates has never been provided a copy of or otherwise granted access to the copyright-protected content of the www.healthcareadvocates.com web site that defendant Harding, Earley law firm had improperly accessed through wwww.archive.org, downloaded to computers at the offices of defendant law firm, copied as part of defendant law firm's submission to the court in the underlying lawsuit, and provided to that court in camera on or about May 20, 2004.

40. In late 2004, counsel for plaintiff Healthcare Advocates in the underlying lawsuit requested from defendant Harding, Earley law firm's co-counsel in the underlying lawsuit copies of any and all copyright-protected content of the www.healthcareadvocates.com web site that defendant Harding, Earley law firm had provided to co-counsel. Without denying receipt of any such material, co-counsel refused to comply.

41. Healthcare Advocates repeats and realleges paragraphs 1 through 40 of the Complaint as if fully set forth at length herein.

42. Healthcare Advocates owns all rights of copyright in the contents of the www.healthcareadvocates.com web site.

43. The denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site was a technological measure.

44. The denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site effectively controlled access to the archived historical content of the www.healthcareadvocates.com web site through the Wayback Machine at www.archive.org.

45. Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally circumvented and caused to be circumvented the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site on at least 92 separate occasions on July 9, 2003 and July 14, 2003.

46. Healthcare Advocates has sustained damages as a consequence of these acts of circumvention by Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for actual damages suffered as a result of each such act of circumvention, and any profits that are attributable to the acts of circumvention and not taken into account in computing the actual damages;

(ii) in the alternative, for maximum statutory damages per act of circumvention;

(iii) for the destruction of the computers and any other devices or products involved in the acts of circumvention;

(iv) for attorneys' fees and costs of suit; and

(v) for such other relief as the Court deems equitable and just.

47. Healthcare Advocates repeats and realleges paragraphs 1 through 46 of the Complaint as if fully set forth at length herein.

48. Healthcare Advocates owns all rights of copyright in the contents of the www.healthcareadvocates.com web site.

49. Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally infringed Healthcare Advocates' rights of copyright in the contents of the www.healthcareadvocates.com web site on July 9, 2003 and July 14, 2003 through unauthorized public display by unauthorized transmission of the archived historical contents of said web site to computers located in the offices of Harding, Earley law firm and the subsequent projection of these contents on the associated computer screens in said offices.

50. Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 further knowingly, willfully and intentionally infringed Healthcare Advocates' rights of copyright in the contents of the www.healthcareadvocates.com web site on July 9, 2003 and July 14, 2003 through unauthorized reproduction by storing a copy or copies of both the archived historical contents and the then current contents of said web site on computers located in the offices of Harding, Earley law firm.

51. Upon information and belief, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 further knowingly, willfully and intentionally infringed Healthcare Advocates' rights of copyright in the contents of the www.healthcareadvocates.com web site through unauthorized reproduction by making a copy or copies of both the archived historical contents and the then current contents of said web site in anticipation of distributing said copy or copies to co-counsel in the underlying lawsuit.

52. Upon information and belief, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 further knowingly, willfully and intentionally infringed Healthcare Advocates' rights of copyright in the contents of the www.healthcareadvocates.com web site through unauthorized distribution by providing a copy or copies of both the archived historical contents and the then current contents of said web site to co-counsel in the underlying lawsuit.

53. Healthcare Advocates has sustained damages as a consequence of these acts of infringement by Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for actual damages suffered as a result of the infringement, and any profits that are attributable to the infringement and not taken into account in computing the actual damages;

(ii) in the alternative, for maximum statutory damages with respect to each infringed work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally or, to the extent that Healthcare Advocates prevails in its burden of persuasion that infringement of any such work was committed willfully, for the maximum statutory damages then available to Healthcare Advocates;

(iii) for attorneys' fees and costs of suit; and

(iv) for such other relief as the Court deems equitable and just.

54. Healthcare Advocates repeats and realleges paragraphs 1 through 53 of the Complaint as if fully set forth at length herein.

55. On at least 92 separate occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally accessed and caused to be accessed Internet Archive's computer servers storing archived historical web set content accessible via the Wayback Machine at www.archive.org in a manner that exceeded authorized access.

56. On each of these occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 obtained and caused to be obtained information from these computer servers and/or from the computer server hosting the www.healthcareadvocates.com web site.

57. Such conduct on each occasion involved interstate communications.

58. Healthcare Advocates suffered loss by way of economic damages aggregating at least $5,000 during a one-year period as a result of such conduct.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for compensatory economic damages;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

59. Healthcare Advocates repeats and realleges paragraphs 1 through 58 of the Complaint as if fully set forth at length herein.

60. Each of Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 entered into an unlawful agreement for the express purpose of committing criminal acts, that is violations 18 Pa.C.S.A. §§ 7613(a) & 7614(a).

61. Each of Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 agreed to exceed authorized access to Internet Archive's computer servers storing archived historical web site content, to access archived historical content of the www.healthcareadvocates.com web site stored on these computer servers, and to make copies of this content residing in and communicated by these computer servers.

62. In furtherance of the conspiracy and to effectuate its objects, one or more of Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 committed overt acts, that is numerous circumventions of the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site.

63. As a direct and proximate result of such conspiratorial conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

64. Healthcare Advocates repeats and realleges paragraphs 1 through 63 of the Complaint as if fully set forth at length herein.

65. On at least 92 separate occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally exceeded and caused to be exceeded authorized access to Internet Archive's computer servers storing archived historical web site content via the Wayback Machine at www.archive.org.

66. On many of these occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 accessed and caused to be accessed archived historical content of the www.healthcareadvocates.com web site stored on these computer servers.

67. Such conduct amounted to an intermeddling with Healthcare Advocates possessory rights in the archived historical content of the wwww.healthcareadvocates.com web site.

68. As a direct and proximate result of such conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

69. Healthcare Advocates repeats and realleges paragraphs 1 through 68 of the Complaint as if fully set forth at length herein.

70. On at least 92 separate occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally made and caused to be made unauthorized copies of the content of the www.healthcareadvocates.com web site stored on the Internet Archive's computer servers and/or on the computer server hosting the www.healthcareadvocates.com web site.

71. On each of these occasions, the content of the www.healthcareadvocates.com web site that was copied resided in and was communicated by Internet Archive's computer servers storing archived historical web site content and/or by the computer server hosting the www.healthcareadvocates.com web site.

72. Such conduct seriously interfered with Healthcare Advocate's lawful right of control over the content of the www.healthcareadvocates.com web site.

73. Such conduct was undertaken and accomplished with the consent of Healthcare Advocates and in the absence of any recognizable privilege or other lawful justification.

74. As a direct and proximate result of such conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

75. Healthcare Advocates repeats and realleges paragraphs 1 through 74 of the Complaint as if fully set forth at length herein.

76. On numerous occasions, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 knowingly, willfully and intentionally obtained unauthorized access to the archived historical content of the www.healthcareadvocates.com web site stored on the Internet Archive's computer servers via the Wayback Machine at www.archive.org.

77. Healthcare Advocates had blocked all public access to this archived historical content, rendering it a private seclusion that Healthcare Advocates had thrown about its affairs.

78. Such interference with Healthcare Advocates' seclusion was substantial and would be considered highly offensive to the ordinary reasonable person.

79. As a direct and proximate result of such conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendants Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

80. Healthcare Advocates repeats and realleges paragraphs 1 through 79 of the Complaint as if fully set forth at length herein.

81. Internet Archive had an agreement with Healthcare Advocates that Internet Archive would block public access to the archived historical content of the www.healthcareadvocates.com web site if Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site.

82. Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site and that denial text string remained properly installed on July 9, 2003 and July 14, 2003.

83. Internet Archive failed to perform its duty to Healthcare Advocates to block public access to the archived historical content of the www.healthcareadvocates.com web site on these dates.

84. As a direct result of Internet Archive's failure to perform this duty, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 repeatedly gained unauthorized access to archived historical content of the www.healthcareadvocates.com web site stored on Internet Archive's computer servers on these dates.

85. Healthcare Advocates sustained damages as a consequence of Internet Archive's failure to perform its duty to block public access to the archived historical content of the www.healthcareadvocates.com web site.

86. Upon information and belief, Internet Archive's actions have been undertaken willfully, maliciously and with intent to injure Healthcare advocates.

WHEREFORE, plaintiff Healthcare Advocates demands that judgement be entered against defendant Internet Archive;

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorney's fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

87. Healthcare Advocates repeats and realleges paragraphs 1 through 86 of the Complaint as if fully set forth at length herein.

88. Internet Archive promised Healthcare Advocates that Internet Archive would block public access to the archived historical content of the www.healthcareadvocates.com web site if Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site.

89. Internet Archive should have reasonably expected that Healthcare Advocates would rely upon its promise that it would block public access to the archived historical content of the www.healthcareadvocates.com web site if Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting wwww.healthcareadvocates.com web site.

90. Healthcare Advocates reasonably relied upon Internet Archive's promise by installing the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site and by ensuring that the denial text string remained properly installed on July 9, 2003 and July 14, 2003.

91. As a direct result of Internet Archive's failure to keep its promise, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 repeatedly gained unauthorized access to archived historical content of the www.healthcareadvocates.com web site stored on Internet Archives' computer servers on these dates.

92. Healthcare Advocates sustained damages as a consequence of its reliance upon Internet Archive's promise that it would block public access to the archived historical content of the www.healthcareadvocates.com web site if Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendant Internet Archive:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorney's fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

93. Healthcare Advocates repeats and realleges paragraphs 1 through 92 of the Complaint as if fully set forth at length herein.

94. Internet Archive negligently failed to act in good faith in performing its duty to block public access to the archived historical content of the www.healthcareadvocates.com web site on July 9, 2003 and July 14, 2003.

95. As a direct result of Internet Archive's negligent failure to act in good faith, Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 repeatedly gained unauthorized access to archived historical content of the www.healthcareadvocates.com web site stored on Internet Archive's computer servers on these dates.

96. Healthcare Advocates sustained damages as a consequence of Internet Archive's negligent failure to act in good faith in performing its duty to block public access to the archived historical content of the www.healthcareadvocates.com web site on these dates.

97. Upon information and belief, Internet Archive's actions have been undertaken willfully, maliciously and with intent to injure Healthcare Advocates.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendant Internet Archive:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

98. Healthcare Advocates repeats and realleges paragraphs 1 through 97 of the Complaint as if fully set forth at length herein.

99. Internet Archive owed Healthcare Advocates a duty to block public access to the archived historical content of the www.healthcareadvocates.com web site if Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site.

100. Healthcare Advocates installed the denial text string in the robots.txt file on the computer server hosting the www.healthcareadvocates.com web site and that denial text string remained properly installed on July 9, 2003 and July 14, 2003.

101. Internet Archive breached this duty by not exercising reasonable care to prevent Harding, Earley law firm, John Does 1-10, John Does 11-20, and John Does 21-30 from repeatedly gaining unauthorized access to archived historical content of the www.healthcareadvocates.com web site stored on Internet Archive's computer servers on these dates.

102. As a direct and proximate result of such conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendant Internet Archive:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

103. Healthcare Advocates repeats and realleges paragraphs 1 through 102 of the Complaint as if fully set forth at length herein.

104. Internet Archive, in the course of its business, failed to exercise reasonable care when falsely advising web site owners that the archived historical content of their web sites stored on Internet Archive's computer servers would be blocked from public access if the web site owners installed a denial text string in the robots.txt files on the computer servers hosting their web sites.

105. Internet Archive intended to supply this materially false information for the benefit of a discrete group of web site owners whose archived historical web site content was being stored on the Internet Archive's computer servers, a group of which Healthcare Advocates was a member.

106. Internet Archive intended that Healthcare Advocates rely upon this misrepresentation for guidance as to blocking public access to the archived historical content of the www.healthcareadvocates.com web site.

107. Healthcare Advocates reasonably relied upon this misrepresentation in its efforts to block public access to the archived historical content of the www.healthcareadvocates.com web site.

108. As a direct and proximate result of such conduct, Healthcare Advocates has sustained damages.

WHEREFORE, plaintiff Healthcare Advocates demands that judgment be entered against defendant Internet Archive:

(i) for compensatory, consequential and punitive damages, including interest thereon;

(ii) for attorneys' fees and costs of suit; and

(iii) for such other relief as the Court deems equitable and just.

Plaintiff Healthcare Advocates demands a trial by jury on all claims for relief alleged herein on which it has a right to trial by jury.

DATED: July 8, 2005