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Internet Archive responds to recording industry lawsuit targeting obsolete media

blog.archive.org

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Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#91

Earlier quoted context omitted.

Counterpoint: It wasn't like IA people woke up one day and decided to give publishers the middle finger because they felt like it. Trump had declared a national emergency due to COVID-19, under the guise of which Biden later tried to forgive hundreds of billions of dollars of student loans because he felt like it. Libraries were shut down and inaccessible to a lot of people during pandemic lockdowns. The NEL involved…

if you're a publisher or make a living as a self-published author and you aren't keeping tabs on major book-related news, isn't that on you? Most people would think they don't have to worry about it because there are these things called laws that say you can't make unlimited copies of copyrighted material. Which is what the IA did, independent of the fact they didn't allow their users to also make unlimited copies. D…

Nobody can make unlimited copies of anything. There isn't an unlimited amount of bandwidth or storage capacity or users.

Did the finite number of copies they actually made at any given time even exceed the number of copies locked up in closed libraries everywhere?

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#92

Earlier quoted context omitted.

In other words, the archive itself needs archived --- preferably in a highly distributed and fault-tolerant fashion.

Torrents and pinned IPFS stashes stored on machines in countries with "free-er" copyright laws would probably be an easy way to start.

There are hundreds of people on r/datahoarders that would gladly mirror it many times over.

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#93
post #28

Earlier quoted context omitted.

> My guess is that they are arguing fair use, but I just don't see how that applies here when they make copyrighted works available, for free, over the Internet. The fourth part of the fair use test rests on whether the use of the work impacts the commercial market for the work. Given these works are often: - Not offered in their original form - Would likely have little residual commercial value if so offered - And,…

Couldn’t one argue that while there’s _minimal_ commercial viability of this work now, it’s still not zero? And that by making these available they could make it zero?

The test doesn't require there to be no impact on the commercial viability of the work; rather, benefits exceeding the loss in commercial value of the work is one (important) factor arguing in favor of fair use.

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#95
post #92

Earlier quoted context omitted.

Torrents and pinned IPFS stashes stored on machines in countries with "free-er" copyright laws would probably be an easy way to start.

There are hundreds of people on r/datahoarders that would gladly mirror it many times over.

Do they have the space? From what I've read, the Internet Archive is huge.

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#96

Why do we always defer to these copyright mongers? They're so absurd. Ah yes, preventing the listening of "Tip Toe Thru' The Tulips With Me" by Bert Ambrose & his Orchestra is a pressing national priority. Oh, the national economy will collapse if someone can hear "I Lift Up My Finger & I Say Tweet Tweet" by Stanley Lupino. I found their "sacred rights" implausible when the RIAA was hauling grannies into prison 20 ye…

> Oh, the national economy will collapse if someone can hear "I Lift Up My Finger & I Say Tweet Tweet" by Stanley Lupino. Elon will just sue to force them to rename it "I Lift Up My Finger & I Say X X"

By the way, can I also trademark the letter "I"? Everyone using "I" will have to get my approval first. Everyone who wants to own a letter should hurry, they are just a few left.

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#97
post #92

Earlier quoted context omitted.

There are hundreds of people on r/datahoarders that would gladly mirror it many times over.

Do they have the space? From what I've read, the Internet Archive is huge .

How big are we talking?

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#98

While I strongly disagree with the length of copyright protection, after reading this and reading more about the case, from a purely legal perspective, I just don't see how IA has any defense. They basically just seem to be saying "these are old records, so we should be able to copy them. Also, our work is mainly for academic researchers." My guess is that they are arguing fair use, but I just don't see how that appl…

> My guess is that they are arguing fair use, but I just don't see how that applies here when they make copyrighted works available, for free, over the Internet.

I worry that they're going to end up, as with Lessig, ending up in a case that creates terrible fucking case law that screws up copyright law even more than it already is. Like, if they win, it will be by making it impossible to enforce copyright for anyone who can't show substantial profit, zeroing copyright for anyone who isn't Oracle or Sony. Or they'll do such a shit job of defining what an archive or public interest or lending library looks like that they'll destroy the legal protections that libraries and archivists currently enjoy.

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#99

While I strongly disagree with the length of copyright protection, after reading this and reading more about the case, from a purely legal perspective, I just don't see how IA has any defense. They basically just seem to be saying "these are old records, so we should be able to copy them. Also, our work is mainly for academic researchers." My guess is that they are arguing fair use, but I just don't see how that appl…

Considering the low volume of downloads and that it is primarily for academic research, I think there’s a strong argument for fair use. I’ve seen so many great recordings completely disappear because some record company decided they might like to re-release something between now and the end of time (they usually don’t).

Re: Internet Archive responds to recording industry lawsuit targeting obsolete media

#100

Earlier quoted context omitted.

That gave me an idea, I have some old 78s -- could I play them at 45 and then use Audacity to speed them up by 173%?

Yes.

Or play them at 33 1/3 for better resolution.
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