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EFF and heavyweight legal team will defend Internet Archive against publishers

torrentfreak.com

51–60 of 275 posts

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#51

Earlier quoted context omitted.

This is not trolling or baiting (nor even intended to be). This is advocating for efforts, very public and visible, against broken public policy. Authors can still make a living without draconian copyright policy (life of the author + 70 years?) and suing libraries (!!!) for making content available during a pandemic. > Just because it can be infinitely duplicated and shared ‘freely’ does not mean it is sustainable t…

It is not authors doing the suing here. It is the big four publishers. All the demonising of authors over this has gotten out of hand and should just stop. That said, please explain[ ] just how* an author "can still make a living" without some form of copy-protection. And please refrain from the "signing tours", "selling merch", "live readings" nonsense. Writers in particular (but the visual arts, too) simply don't,…

That said, please explain[] just how an author "can still make a living" without some form of copy-protection.

See: the entire history of books before computers.

See: Doctorow's Little Brother, which was distributed freely and still sold so well it went on the NYT's best seller list.

eta []: and I genuinely mean: Just HOW should public policy look in order to provide some form of artistic protection for creators? It's easy to sit around and say "copyright is broken" (and I'd largely agree!) It's less easy to say what it might/ought become.

The law shouldn't guarantee you a business model under actual capitalism or better systems. "We're going to enforce with a military your right to a business model" is an inherently silly proposal. It makes more sense to guarantee everyone has enough to live off of, which is something the state is already capable of, and something the best capitalist and socialist economists are advocates of.

Beyond that, if you're looking for a less-radical proposal: shorten the copyright period. The NEL didn't have anything that was five years old or younger on it. Current copyright terms are insane and against the common good in every sense of the word.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#52

Earlier quoted context omitted.

This is not trolling or baiting (nor even intended to be). This is advocating for efforts, very public and visible, against broken public policy. Authors can still make a living without draconian copyright policy (life of the author + 70 years?) and suing libraries (!!!) for making content available during a pandemic. > Just because it can be infinitely duplicated and shared ‘freely’ does not mean it is sustainable t…

It is not authors doing the suing here. It is the big four publishers. All the demonising of authors over this has gotten out of hand and should just stop. That said, please explain[ ] just how* an author "can still make a living" without some form of copy-protection. And please refrain from the "signing tours", "selling merch", "live readings" nonsense. Writers in particular (but the visual arts, too) simply don't,…

There are many artists that make some money off of donations e.g. via Patreon, without enforcing any kind of copyright on their work. Authors don't really make all that much money unless they're very successful. I doubt that most of them do it for the money alone.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#53
I'd love for the Internet Archive to prevail here, but honestly it was quite boneheaded to do this legal experiment under the same corporate umbrella as their archival work. At this point they should proceed with a damage mitigation strategy of selling off their servers and storage to a second entity at fair market value (maybe "Archive Cloud"), and renting continued access. This way even if the IA organization is bankrupted, the archive itself will still remain intact - the archived data isn't under IA copyright and thus wouldn't be part of the bankruptcy estate.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#54
post #43
post #22

Earlier quoted context omitted.

No, the criminal in the above is absolutely on the wrong side of the law. That's the assumption after all. Lawyers are on the wrong side of the law when they break it themselves (see, e.g., Avenatti), but not when they represent people on the wrong side of the law. The latter is necessary for the common law court system to work at all.

> "No, the criminal in the above is absolutely on the wrong side of the law. That's the assumption after all." In America at least, the defendant is presumed innocent until proven guilty. So the assumption should be that the defendant is on the right side of the law. It's the prosecutor or complainant's job to prove the defendant is in fact on the wrong side of the law. To call a defendant 'the criminal' (and saying…

You're nitpicking the language in a hypothetical here. Of course the court can't assume the defendant is guilty, but the purpose of the word criminal here is to say that in the hypothetical the defendant did actually commit the crime they are accused of.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#55
post #50

Earlier quoted context omitted.

Publishers (for books, movies, and music) do not really have much shame when it comes to copyright enforcement. For one, they're natural monopolies, where a given content is solely owned by them, and you can't get it through any of their competitors. And especially in the case of books, very few people think about a book in terms of the publisher who published it, and very few people buy their books based on which pu…

That seems quite a risky strategy as well, because it could backfire: if the court declares even just that controlled digital lending is legal, more companies and bigger companies may start offering it (e.g. Google that already has the scanned books), making things worse for the publishers.

I don't think Google is actually warehousing the physical books. They worked with a lot of libraries to scan their collections, but arguably couldn't legally offer CDL.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#56
post #15
post #2

EFF is on the wrong side of both the law and common sense here and they will lose no matter how much they pay their legal team. Internet archive didn’t just steal from ‘publishers’ they are also stealing from authors big and small. You don’t get to give out free digital copies of books to people without permission and expect to get away with it. This exact digital/physical equivalence idea has already been through th…

I won a civil law case against the MAFIAA being the owner of a site where links to download movies and tv shows as user-generated content. I won, but I was in Spain, not the US.

This sounds interesting. Can you provide more details?

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#57
How do we back up the Internet Archive? If they lose this case then it will be like losing The Great Library of Alexandria.

This is our culture. This is our heritage!

Edited to add: when I say “back up”, I mean preserve the data and the archival mission (minus the legal quagmires).

The technical challenges can be solved, and we should do this before it’s too late. It seems there was a previous effort, but it has lost momentum: https://www.archiveteam.org/index.php?title=INTERNETARCHIVE....

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#58
post #15
post #2

EFF is on the wrong side of both the law and common sense here and they will lose no matter how much they pay their legal team. Internet archive didn’t just steal from ‘publishers’ they are also stealing from authors big and small. You don’t get to give out free digital copies of books to people without permission and expect to get away with it. This exact digital/physical equivalence idea has already been through th…

I won a civil law case against the MAFIAA being the owner of a site where links to download movies and tv shows as user-generated content. I won, but I was in Spain, not the US.

> I won a civil law case against the MAFIAA being the owner of a site where links to download movies and tv shows as user-generated content.

Sure.

But this is totally different. IA is the one doing both the copying and the distribution.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#59
post #57

How do we back up the Internet Archive? If they lose this case then it will be like losing The Great Library of Alexandria. This is our culture. This is our heritage! Edited to add: when I say “back up”, I mean preserve the data and the archival mission (minus the legal quagmires). The technical challenges can be solved, and we should do this before it’s too late. It seems there was a previous effort, but it has lost…

This is abuse of copyright.

IA did bad, and should not be rewarded for this behavior.

Re: EFF and heavyweight legal team will defend Internet Archive against publishers

#60
post #59
post #57

How do we back up the Internet Archive? If they lose this case then it will be like losing The Great Library of Alexandria. This is our culture. This is our heritage! Edited to add: when I say “back up”, I mean preserve the data and the archival mission (minus the legal quagmires). The technical challenges can be solved, and we should do this before it’s too late. It seems there was a previous effort, but it has lost…

This is abuse of copyright. IA did bad, and should not be rewarded for this behavior.

Only authoritarians would take the side of for profit publishers over librarians. Copyright is evil and must be abolished at any cost.
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