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.
EFF and heavyweight legal team will defend Internet Archive against publishers
61–70 of 275 posts
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#62For anybody interested in the IA's claimed ethical and legal justifications, they summarise and link to them at the following page: http://blog.archive.org/2020/03/30/internet-archive-responds...
First they describe what Controlled Digital Lending is - one physical copy == one lend. They cite legal experts that agree. That's fine, no one's disagreeing there.
Then they go on with this:
"Additionally, fair use ultimately asks, 'whether the copyright law’s goal of promoting the Progress of Science and useful Arts would be better served by allowing the use than by preventing it.' In this case we believe it would be. Controlled digital lending as we conceive it is..."
So basically they went off and created the National Emergency Library based on their own interpretation of Fair Use. You better be ready for a huge fight if you're going to that. I don't know how they couldn't have expected this.
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#63For anybody interested in the IA's claimed ethical and legal justifications, they summarise and link to them at the following page: http://blog.archive.org/2020/03/30/internet-archive-responds...
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#64Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#65Earlier 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…
The lawyer is still on the right side of the law after the plea
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#66How 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…
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#67For anybody interested in the IA's claimed ethical and legal justifications, they summarise and link to them at the following page: http://blog.archive.org/2020/03/30/internet-archive-responds...
> Yes, we’ve had authors opt out. We anticipated that would happen as well; in fact, we launched with clear instructions on how to opt out because we understand that authors and creators have been impacted by the same global pandemic that has shuttered libraries and left students without access to print books. Our takedowns are completed quickly and the submitter is notified via email.
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#68EFF 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…
As hard as big content producers try to make copyright synonym to "property", it's not and it never was. Why? Because ideas can't be copyrighted and all ideas are remixed. Nothing is 100% original. NOTHING.
Not to mention copyright used to apply for only 14 years. But corporations, which have bought just about everything else in the government, have also bought copyright laws that now last life + 70 years. And they keep trying to extend it all the time.
Relevant: https://www.everythingisaremix.info/watch-the-series
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#69How 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…
Re: EFF and heavyweight legal team will defend Internet Archive against publishers
#70For anybody interested in the IA's claimed ethical and legal justifications, they summarise and link to them at the following page: http://blog.archive.org/2020/03/30/internet-archive-responds...
> Yes, we’ve had authors opt out. We anticipated that would happen as well; in fact, we launched with clear instructions on how to opt out because we understand that authors and creators have been impacted by the same global pandemic that has shuttered libraries and left students without access to print books. Our takedowns are completed quickly and the submitter is notified via email.
More importantly, it is not an author's job to "opt out" of someone illegally pirating their work.