this post was submitted on 29 May 2024
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The problem is that the litigation was entirely "just", as far as the legal system goes. It's an open-and-shut case and everyone saw it coming. The Internet Archive basically stood in front of a train and dared it to turn, and now they're crying the victim. Doesn't exactly entice me to send them donations to cover their lawyers and executives right now.
They really need to admit "okay, so that was a dumb idea, and ultimately not related to archiving the Internet anyway. We're not going to do that again."
Note that I'm not saying the publishers are "good guys" here, I hate the existing copyright system and would love to see it contested. Just not by Internet Archive. Let someone else who's purpose is fighting those fights take it on and stick to preserving those precious archives out of harm's way.
My brother in Christ, they're literally contesting it
Did you read literally the next sentences I wrote after that one? Here they are:
The Internet Archive is like someone carrying around a precious baby. The baby is an irreplaceable archive of historical data being preserved for posterity. I do not want them to go and fight with a bear, even if the bear is awful and needs to be fought. I want them to run away from the bear to protect the baby, while someone else fights the bear. Someone better equipped for bear-fighting, and who won't get that precious cargo destroyed in the process of fighting it.
Who else is better equipped? In my view it would solely depend on the lawyers that internet archive hires, and money plays a big factor in that.
Also, internet archive is going through the route process of how legislation gets overturned or upheld. Just because you perceive them as unworthy to bear the challenge doesn’t make that true, and as a result your commitment to not support them because they aren’t the one true chosen is ill-informed.
The EFF. This kind of thing is why they exist.
The Archive making themselves an easier target was a huge misstep IMO. All it takes is one overreaching judge telling them they need to purge all copyrighted data (a common judgment in lawsuits like this) and the world becomes a worse place.
The EFF, for example. Fighting lawsuits for the sake of internet freedom is their reason for being. Sci-hub, for ebooks more specifically. Or Library Genesis. Those are organizations specifically devoted to fighting against excessive copyright restrictions on books.
You're not understanding what I'm saying here. I don't think Internet Archive is unworthy to bear the challenge. I think they're not well suited to it, and when they inevitably lose the lawsuits they've jumped head-first into they're risking damage to other causes that are very important and unrelated to this particular fight.
It literally archives internet pages and files. What do you think the internet archive does if it doesn't do that?
The lawsuit was about them distributing unauthorized copies of books. Not archiving, and not internet pages or files.
And that was exactly the problem.
Your calling files, book documents to be specific, books, doesn't change that IA is storing files, ebooks to be specific, nor that the ruling shall affect all Libraries, which includes the Internet Archive to be specific. And the actual issue, is that the publishers refuse to offer ebooks to Libraries as they assume it'll cost sales when in fact the folks using the Library are there as they are not going to go buy one.
Emphasis added. Storing files is not the problem. Nobody cared when they were just scanning and storing them. The problem arose when they started giving out copies. And worse, giving out copies without restriction - libaries "lend" ebooks by using DRM systems to try to ensure that only a specific number of copies are out "in circulation" at any given time, and so the big publishers have turned a blind eye to that.
Internet Archive basically turned themselves into an ebook Pirate Bay, giving out as many copies as were asked for with no limits.
Again, I don't agree with current copyright laws, I think the big publishers are gigantic heaps of slime and should be burned to the ground. The problem here is that it's not Internet Archive that should be fighting this fight.