Live data from Hacker News

Judge decides against Internet Archive

file770.com

21–30 of 835 posts

Re: Judge decides against Internet Archive

#21

I think most people here saw this coming. Unfortunately this isn't a question of whether the law is good, it's a question of whether IA broke the current laws we have. IA can and should lobby for copyright law to change. But breaking it before it has changed is risky and foolish, and does more harm than good.

> But breaking it before it has changed is risky and foolish, and does more harm than good.

That's how most laws get abolished.

Re: Judge decides against Internet Archive

#22

I think most people here saw this coming. Unfortunately this isn't a question of whether the law is good, it's a question of whether IA broke the current laws we have. IA can and should lobby for copyright law to change. But breaking it before it has changed is risky and foolish, and does more harm than good.

> But breaking it before it has changed is risky and foolish, and does more harm than good. As I recall, this is precisely how British Columbia got Sunday shopping. Stores and shopping malls broke the law repeatedly. There were fines, but Sunday shopping was popular. Eventually, public pressure led governments to legalize Sunday opening. I didn't agree with it then and I don't fully agree with it now, but it can work…

I am from BC and the Sunday no shopping was a bit before my time but my dad talks about how stupid it was. If you had a problem and needed something in an emergency well too bad. Didn’t realize you were low on bread and forgot to get it Saturday oh well kids are not getting a sandwich in their lunches for Monday morning school. Like you say eventually people realized the fines were actually just the cost of doing business. Those who opened up sundays made a killing because that is what the people wanted. I know a guy who did the same for opening a marijuana shop. Did it just before it was legal and was getting a $150 fine each day from the city. He said just a cost of business as he was making several thousand or more each day.

Re: Judge decides against Internet Archive

#24

I think most people here saw this coming. Unfortunately this isn't a question of whether the law is good, it's a question of whether IA broke the current laws we have. IA can and should lobby for copyright law to change. But breaking it before it has changed is risky and foolish, and does more harm than good.

> But breaking it before it has changed is risky and foolish, and does more harm than good. As I recall, this is precisely how British Columbia got Sunday shopping. Stores and shopping malls broke the law repeatedly. There were fines, but Sunday shopping was popular. Eventually, public pressure led governments to legalize Sunday opening. I didn't agree with it then and I don't fully agree with it now, but it can work…

Do you disagree because of the Sabbath?

Re: Judge decides against Internet Archive

#26

I think most people here saw this coming. Unfortunately this isn't a question of whether the law is good, it's a question of whether IA broke the current laws we have. IA can and should lobby for copyright law to change. But breaking it before it has changed is risky and foolish, and does more harm than good.

You have it backwards, breaking it widely and repeatedly will do more good than harm.

Re: Judge decides against Internet Archive

#27

Earlier quoted context omitted.

The system shouldn't require lobbying to get results that benefit the greater good

> system shouldn't require lobbying to get results that benefit the greater good It does when there is disagreement over what constitutes the greater good.

This made me chuckle pretty hard. When lobbying enters the picture there's only a small, selective group of people that are going to constitute the greater good.

Re: Judge decides against Internet Archive

#28

I think most people here saw this coming. Unfortunately this isn't a question of whether the law is good, it's a question of whether IA broke the current laws we have. IA can and should lobby for copyright law to change. But breaking it before it has changed is risky and foolish, and does more harm than good.

> But breaking it before it has changed is risky and foolish, and does more harm than good. That's how most laws get abolished.

Sometimes, but its also how people end up in prison.

Re: Judge decides against Internet Archive

#29
post #9

Wow, reading the article this seems like a clear cut case. Did IA really think they could win this? Edit: reading other sources, it seems like the crux of the idea is they would only lend out books where they had the same number of physical copies. I can see the reasoning for that, but it seems hard for fair use to get you there.

The original idea was to only lend out digital copies that are backed by a physical copy, so if challenged the Internet Archive could reasonably argue that they're protected under the same laws that physical libraries are, but when the pandemic kicked off IA launched an "emergency library" which waived the lending limits so any number of copies could be lent out regardless of how many physical copies they have.

My assumption is that publishers probably weren't happy about the original model but it was legally murky enough that they didn't pursue it for risk of losing and setting the wrong (from their perspective) precedent, but the emergency library made for an extremely easy case against IA.

Re: Judge decides against Internet Archive

#30
post #8

Didn't google do almost exactly this with google books - making agreements with libraries and digitising their collections without paying the publishers or the authors? Maybe I misunderstood.

They didnt offer the full books afaik.

> They didnt offer the full books afaik.

They got sued, and the settlement didn’t allow them to offer the full books except for-purchase with a particular revenue sharing arrangement.

Post reply on HN