Dear Internet Archive: Not only do I support the measure you have taken and feel that it falls within the bounds of pro-social fair use, but I applaud the measures you have taken that are so important in this extreme time. Furthermore, if any court finds that your action was not appropriate, I will urge my lawmakers to craft a specific exception to copyright law to support the internet archive lending at all times, n…
Declaring this "pro-social" doesn't suddenly make it legal. It's clearly not any more legal then lending out a single copy of a DVD to one million people via BitTorrent. I get that it seems generous to give away these works. But they simply weren't theirs to give away to begin with. If you want to lend out 1,000 copies of book, first you have to buy 1,000 copies of said book. I'm disappointed with Internet Archive. T…
Internet Archive responds: Why we released the National Emergency Library
51–60 of 150 posts
Re: Internet Archive responds: Why we released the National Emergency Library
#52Earlier quoted context omitted.
Copying a digital book incurs no material cost. You could charge for the bandwidth to download it from you, or you could charge for paper books, but it's ridiculous to me that you should be able to charge someone else for copying data from their hard drive to my hard drive. People have to eat, but having to sell books just to put food on the table is also obscene. Food is a basic human right and should never be stake…
Again - if that argument holds up, why is it reasonable to sell paper books for significantly more than the cost of reproduction? What's magical about the $0 price point? If it costs $5 to print a physical copy and you're okay with stores selling copies for $25, why is it a problem for stores to sell e-books for $20? In the pre-e-book world, libraries could always copy books on their own . They could say, we're buyin…
You can sell them for whatever people will pay for them. You can sell the bandwidth for the eBook for whatever people will pay.
>In the pre-e-book world, libraries could always copy books on their own. They could say, we're buying one copy of this book at $25, and then we'll print another thousand copies ourselves at $5 each and sell them to other libraries. Quality might have been lower, but it would have gotten books into the hands of more people, right? Why didn't they?
Because of the same broken copyright system which is going to have lawyers burning down the doors of archive.org once they're allowed to leave their caves post-coronavirus. They should be copying these books and sending them to other libraries for a fraction of the cost.
>I don't disagree. But that's not the world we live in. Food shouldn't be staked on that, but it is. Let's solve that first, and then we can start taking people's livelihoods away.
I didn't suggest we immediately transition to a copyright free world. I said "screw copyright".
And, for the record, we are already in a world where this works. Thousands of content creators in all fields of media are making a living based on crowdsourced funding and free distribution of content to their audience. This model has been consistently growing and doesn't show any signs of slowing down. A lot of people are making more money with this model than they would be with traditional publishing and suing everyone who coughs on their book and lets someone else look at the tissue.
Hell - all businesses face the risk of needing to pivot. Same holds true for authors. If the current approach isn't working because people are sharing your books, then you need to change your approach.
Re: Internet Archive responds: Why we released the National Emergency Library
#53Earlier quoted context omitted.
Declaring this "pro-social" doesn't suddenly make it legal. It's clearly not any more legal then lending out a single copy of a DVD to one million people via BitTorrent. I get that it seems generous to give away these works. But they simply weren't theirs to give away to begin with. If you want to lend out 1,000 copies of book, first you have to buy 1,000 copies of said book. I'm disappointed with Internet Archive. T…
They offer an opt-out process that suspends lending completely. If we're going to talk about the alleged illegality of a controlled process for sharing data, I'd like to start with ad-tracking, since that clearly affects a larger group of people and because its legality seems to rest on a similar premise (at least, to this layman).
That's not how copyright works in the US. Maybe it should be, but it's not. The owner of a copyright gets to say how it's used, they don't merely have a right to refuse to uses if they're aware of them.
There are certain exceptions, such as compulsory licensing (e.g., in the US you can get a license to cover a song at a fixed-by-law rate) and fair use, but those aren't opt-out mechanisms either - those are permissions that the copyright holder can't refuse.
Maybe it should, but the law doesn't work that way right now.
> If we're going to talk about the alleged illegality of a controlled process for sharing data, I'd like to start with ad-tracking, since that clearly affects a larger group of people and because its legality seems to rest on a similar premise (at least, to this layman).
Copyright doesn't protect data, it protects the creative expression of ideas. Data itself isn't copyrightable: https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R.... Therefore, nobody is infringing any copyright I have by tracking my behavior via ads.
Maybe it should (or maybe copyright shouldn't protect anything), but the law doesn't work that way right now.
Re: Internet Archive responds: Why we released the National Emergency Library
#54> This means that multiple readers can access a digital book simultaneously
So this is just piracy. That's not how book lending works.
Re: Internet Archive responds: Why we released the National Emergency Library
#55Earlier quoted context omitted.
Again - if that argument holds up, why is it reasonable to sell paper books for significantly more than the cost of reproduction? What's magical about the $0 price point? If it costs $5 to print a physical copy and you're okay with stores selling copies for $25, why is it a problem for stores to sell e-books for $20? In the pre-e-book world, libraries could always copy books on their own . They could say, we're buyin…
>Again - if that argument holds up, why is it reasonable to sell paper books for significantly more than the cost of reproduction? What's magical about the $0 price point? If it costs $5 to print a physical copy and you're okay with stores selling copies for $25, why is it a problem for stores to sell e-books for $20? You can sell them for whatever people will pay for them. You can sell the bandwidth for the eBook fo…
True, you didn't say that - but that's kind of what the Internet Archive is doing. I'm definitely in agreement with the position that we should work towards a world where a lending library like they're running is both ethical and legal. I don't think the Internet Archive unilaterally running such a library is a measurable step towards that world, and it also seems to have made a bunch of people who previously only cared about their copyrights in theory (because piracy wasn't significant and so they didn't actually ever think about suits or lawyers) start caring about them in practice, which seems strategically like it gets us farther fro that world.
Re crowdsourced funding - yes, it's very promising and I'm excited about it, but I'm a little hesitant of extrapolating to it making copyright irrelevant. A number of people who produce creative works under Patreon-style models still rely on copyright: they produce works that are available only to paying subscribers, and people who say "this is a zero-marginal-cost product, so I can duplicate it" undermine their ability to get subscribers. Or, in other words, there are some creators who are funded by enthusiastic supporters who would pay either way, and there are some creators who are funded by customers who are still paying to get access to zero-marginal-cost products (except that the mechanics of how they pay is a little different), and these look very similar from the outside.
I'm genuinely glad and excited that the model of enthusiasts funding free software development is working for many people (including you), but free software has historically worked on models different from how book/music/article/video/etc. production has worked. For instance, it's already pretty well established (by Red Hat) that you can make a successful free software company by charging for support. I don't think we've figured out what the equivalent of "charge for support" is for, say, books.
Re: Internet Archive responds: Why we released the National Emergency Library
#56Earlier quoted context omitted.
They offer an opt-out process that suspends lending completely. If we're going to talk about the alleged illegality of a controlled process for sharing data, I'd like to start with ad-tracking, since that clearly affects a larger group of people and because its legality seems to rest on a similar premise (at least, to this layman).
> They offer an opt-out process that suspends lending completely. That's not how copyright works in the US. Maybe it should be, but it's not. The owner of a copyright gets to say how it's used, they don't merely have a right to refuse to uses if they're aware of them. There are certain exceptions, such as compulsory licensing (e.g., in the US you can get a license to cover a song at a fixed-by-law rate) and fair use,…
I'm not sure how Youtube et al.'s situation is different in these regards. In both cases, the takedown process is covered under the DMCA, no?
>Copyright doesn't protect data, it protects the creative expression of ideas. Data itself isn't copyrightable: https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R.... Therefore, nobody is infringing any copyright I have by tracking my behavior via ads.
As an artist, I'd hold that much of my expression is tied up in my data. Likewise, my data is part of the creative expression that I use to market my works. For example, the websites that I choose to visit are part of my subcultural identity and intentionally signal to others that identity, an expression of my personal creativity; the works that I post are dissected and sold as data to market to me. This is an integral aspect of the interaction model of so-called Web 2.0 platforms.
...I'm sure this hasn't been argued before, but should we decide to open the can of worms of whether or not libraries should "be"...
Ultimately, these issues seem to be unexamined, to some extent. I wonder if there's some hesitation to invite a floodgate-opening should a decision go sideways.
Re: Internet Archive responds: Why we released the National Emergency Library
#57Earlier quoted context omitted.
Fun fact, there is a service called Console Classix that does this with classic game ROMs (NES, SNES etc). The cartridges sit around on shelves, then if you play a game they basically reserve that copy for you, which they say clears them of any copyright issues. It sounds sketchy but they've been in business renting ROMs for over 10 years and they're still around.
So, they're renting games that aren't widely available for purchase anymore? At what point do we sit back and agree that it makes no sense to extend protections to IP that isn't being sold anymore? Forgive my possible naivety here, but we grant patents/copyrights/trademarks to mitigate opportunity costs in markets, not to stop someone else from taking credit for an idea. So, if there's no continuous market, the risk…
That all being said, I still agree with you. I really don't care how much money Nintendo, Microsoft, or Sony wants to make on decades-old games, at a certain point it becomes a cultural artifact. Snow White and other century-old movie properties should be public domain nowadays as well. At this point we're debating about the core values of trademark law though, and I'm not sure you wanted to do that.
A similar debate revolves around what the law should say about "dead" games. These are games that, for example, rely on a central server that has been shut down. Many of these games were incredibly popular in their day, and some "radicals" (like myself, lol) argue that game companies should be compelled to release the server source code in an effort to preserve the game. Here's a great overview/rant on this topic: https://www.youtube.com/watch?v=tUAX0gnZ3Nw
Re: Internet Archive responds: Why we released the National Emergency Library
#58Here we go again, more hair-trigger bitching and whining from The Authors Guild and its ilk. No matter how noble or justified the cause for copying may be, the poor little darlings just can't help themselves. They've been screaming and whinging over being supposedly hard done by with respect to copyright royalties even before that arch villain, bully and saint to copyright owners, Victor Hugo, bulldozed unfair change…
> Trouble is, this mob was so successful at Berne that ever since they've assumed that they've a god-given right to take umbrage and raise utter hell whenever anyone takes the slightest liberties with copyright—even if those actions are lawful. It's true, they do do that even when the actions are lawful. However, in this particular case, the Internet Archive's actions are almost certainly not lawful, although the who…
This raises an even more important point: what do citizens do when laws are enacted that do not have acceptance or are not considered as legitimate by a majority of citizens?
This is why enacting treaties such as the Berne Conventions (WIPO etc) are so damned dangerous. By their intrinsic nature, it's quite possible for small non-representative groups to have an international treaty enacted/agreed to by all 'member' states without all states even knowing the full ramifications of the said treaty are—they're forced to sign for some other 'quid pro quo' or special trade-off deal etc. Let's face it, this is how Victor Hugo and his cronies 'won' the copyright war (one must concede they played a masterful game and won outright).
As their champions know full well, once a treaty such as the Berne Convention is up and running then it is almost impossible to change it let alone have it abolished. Savvy operators such as Victor Hugo knew this from the very beginning before even entering the campaign (as that's how international politics works). This is especially the case when treaties are about matters that are not considered truly high stakes such as nuclear disarmament.
It depends on one's political stance how one views treaties that have little or no legitimacy among a majority of citizens. Some would argue that they are technically lawful and should be obeyed, others would say they're morally corrupt and thus should be disobeyed or ignored.
It's this dichotomy that's at the center of Copyright Law/Treaties today. The very fact that the 'Big Boys' consider this treaty little more than a nuisance—just noise in the grand scheme of things—is why disputes over Copyright won't end anytime soon.
The fact that such flaky and unrepresentative international treaties can exist says more about the unhealthy state of the laws in each member state. In recent decades we've all witnessed citizens' growing disrespect for institutions such as democracy and its democratic processes. It doesn't take much imagination to realize that all these problems are interrelated.
When systems of law break down or lose their legitimacy what does one do? Again, this depends on one's politics and worldview. At one end there's disorder and anarchy, at the other one becomes subservient to a corrupt state.
Take your choice. What I know is that I certainly don't want anarchy or revolution as many people die and in the long run they end up benefiting no one. Nor do I want to be subservient to law that's been 'legitimized' by corrupt non-repetitiveness processes.
Re: Internet Archive responds: Why we released the National Emergency Library
#59Earlier quoted context omitted.
> It would be horrible if their solvency and future relied on the outcome of the inevitable lawsuits to follow I wonder if the wheels are already coming off. Otherwise it seems a bit excessive for IA to suddenly bet the whole house on this.
> Otherwise it seems a bit excessive for IA to suddenly bet the whole house on this. What is the proper and proportionate response to a pandemic? I think that no-one knows, and, if I were in their shoes, then I'd rather history see me as the one who went too far in pursuit of the public good than the one who didn't do what I could have for fear that it was too much.
One potential proportionate response, in my opinion, would have been to lean harder on the existing model of Controlled Digital Lending (where each lent e-book is backed by a physical book), and instead of saying they're going to move to uncontrolled lending, put out a call for people to buy more backing copies for the duration of the pandemic, specifically identifying the books that were in more demand. Then they could have gotten those books into the hands of more people while also paying authors more.
Re: Internet Archive responds: Why we released the National Emergency Library
#60Earlier quoted context omitted.
>Again - if that argument holds up, why is it reasonable to sell paper books for significantly more than the cost of reproduction? What's magical about the $0 price point? If it costs $5 to print a physical copy and you're okay with stores selling copies for $25, why is it a problem for stores to sell e-books for $20? You can sell them for whatever people will pay for them. You can sell the bandwidth for the eBook fo…
> I didn't suggest we immediately transition to a copyright free world. True, you didn't say that - but that's kind of what the Internet Archive is doing. I'm definitely in agreement with the position that we should work towards a world where a lending library like they're running is both ethical and legal. I don't think the Internet Archive unilaterally running such a library is a measurable step towards that world,…
First: that's not what they're doing - they're taking emergency measures during a national crisis to ensure that people still have access to books. They have made explicit their plans to return to business as usual once the nation returns to normalcy.
Second: the first step to change is often civil disobedience. I look forward to seeing how this plays out in court, and I commend their bravery in taking a stand for what's right. What "measurable steps" towards this world would you suggest they take?
>A number of people who produce creative works under Patreon-style models still rely on copyright: they produce works that are available only to paying subscribers, and people who say "this is a zero-marginal-cost product, so I can duplicate it" undermine their ability to get subscribers.
I think I'm qualified to tell you simply that you are wrong. This is not how it works. You can give away your products for free and rely on the voluntary generosity of your audience. Many, many people do. In fact, most people do. Those publishing exclusive content for paid supporters are in the minority in this group.