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The Internet Archive has lost its appeal in Hachette vs. Internet Archive
191–200 of 848 posts
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#192> This appeal presents the following question: Is it “fair use” for a nonprofit organization to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free, subject to a one-to-one owned-to-loaned ratio between its print copies and the digital copies it makes available at any given time, all without authorization from the copyright-holding publishers or author…
We should do a Rome thing, rework the legal code at this point, now that we have the internet. Copyright needs to be abolished or radically altered.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#193Earlier quoted context omitted.
How was the CDL hurting working authors? A library bought the book, paying the publisher and the author. The IA scanned the book for digital lending, this digital copy could only be checked out by one person and only when the physical book was not also checked out. I understand the court decided this wasn't okay. That aside, how was it hurting working authors?
> this digital copy could only be checked out by one person and only when the physical book was not also checked out Even if that were the case I don’t think it’s acceptable. Physical used goods have limitations on transfer rate. If you want a used book you have to go to the store. Or have it shipped across the country. I adamantly oppose a global digital pool with instantaneous transfers. In that world you never nee…
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Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#194Earlier quoted context omitted.
This is why I stopped donating to IA, and I will not donate until they get new leadership. I'm a very big supporter of a lot of what IA does, but I feel if I donate, my money is just going to fund more and more legal defenses because Brewster Kahle is being stubborn, and I'm afraid it's going to lead to the entire Archive being shut down. I've mentioned this before, but there are lots of cases where IA will let you d…
> IA will let you download full video games for the switch that are still being actively sold [1] I am not seeing that anywhere. I see a file called “My Nintendo Switch games collection” and it is a big jpeg photo of a bookshelf. Is this what you mean?
It's harder to find them than I expected, but one search with a result is "super mario wonder nsp". I had the advantage of knowing the format(s) Switch game dumps come in, though, so the average person might not find much.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#195This has been playing out for many years. And it's all because Brewster Kahle decided that an overly broad interpretation of the Internet Archive's mission trumped the rights of authors and publishers, and the laws of the United States. When IA was asked to stop CDL - many times - he continued. The National Writers Union tried to open a dialogue as early as 2010 but was ignored: The Internet Archive says it would rat…
This is why I stopped donating to IA, and I will not donate until they get new leadership. I'm a very big supporter of a lot of what IA does, but I feel if I donate, my money is just going to fund more and more legal defenses because Brewster Kahle is being stubborn, and I'm afraid it's going to lead to the entire Archive being shut down. I've mentioned this before, but there are lots of cases where IA will let you d…
I will admit that I am personally on the fence. I knew for a while that IA was in legal crosshairs and I actually encouraged people to donate to it on this very forum. I am not sure it is fair to stop donations over one miscalculation. Their core mission remains in place and IA is more important to the ecosystem than wikipedia. Not to mention, with this appeal lost, it is not unlikely other entities will try take IA out.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#196What a disgusting lawsuit. I struggle to beleive in the "lost profits" these publishers "suffer" from. Libraries, digital and physical alike are incredible and neccessary institutions that deserve our support.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#197Earlier quoted context omitted.
> In his many interviews with U.S. media, he portrays the court cases and legal judgements as a crusade against the Internet Archive and all librarians. It's not. It's the logical outcome of one man's seemingly fanatical conviction against the law and the people who work very hard to bring new books into being. If IA had won, IA would be hailed as a cultural hero. They hit and they missed. Claiming Brewster Kahle is…
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A lot of the material I checked out on IA was older books still in copyright, but no longer published. And physical copies get warn over time. Existing knowledge should remain accessible. Publishers do not act in the best interest of authors, they squeeze higher percentages from them just like any other content distribution platform.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#198Earlier quoted context omitted.
How was the CDL hurting working authors? A library bought the book, paying the publisher and the author. The IA scanned the book for digital lending, this digital copy could only be checked out by one person and only when the physical book was not also checked out. I understand the court decided this wasn't okay. That aside, how was it hurting working authors?
> this digital copy could only be checked out by one person and only when the physical book was not also checked out Even if that were the case I don’t think it’s acceptable. Physical used goods have limitations on transfer rate. If you want a used book you have to go to the store. Or have it shipped across the country. I adamantly oppose a global digital pool with instantaneous transfers. In that world you never nee…
> If that were the case then each copy would need to sell for thousands of dollars for content creators to afford food.
That is precisely the agreement that existing libraries have with publishers now. The digital copy that they buy to lend out comes with restrictions on how many copies can be lent at a time, and also costs a lot more than just buying one copy of the book.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#199Earlier quoted context omitted.
CDL is how physical libraries work: They buy a book and then lend it out multiple times to multiple people, on a one-in one-out basis, who then do not have to buy the book themselves. They even repair books to avoid purchasing new ones again. Do you think physical libraries harm the people who bring books into being?
A physical library does not involve making a copy, but lending out an existing physical copy. One book, one reader. "Controlled Digital Lending" literally involves making and transmitting a copy to another physical medium electronically. Brewster has endangered the good work done by people at the archive for a case he was never going to win and which was of dubious value. If he wants to be the next Anna's Archive the…
That is incorrect. Libraries regularly scan and OCR books to make them digitally accessible and searchable.
I hope the likes of the Library of Congress are ready to shutdown their online services.
Re: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
#200Earlier quoted context omitted.
This court ruling was (also) about "CDL" (controlled digital lending), i.e. lending ONE digital copy of a book for each physical book in a library's possession – and only while the physical copy was not lent. This is as far away from "giving away infinite copies to anyone" as it could be.
While I agree with your point, there is some nuance because transfers can be nearly instantaneous. Physical books have to be transported to and from the library. CDL is as if we all lived in the same library and could shelve/swap books with anyone at any moment and only have to wait when there is a queue.
That's what the internet does: it makes things that took days or weeks before (nearly-)instantaneous.
If I have 100$, I can lend them to someone (via paypal or whatever), and when I get them back, I can immediately give them out again. I don't have to wait for them to physically go to my place (or a bank) and return cash.
If your whole defense hinges on "borrowing books has to have an inherent delay of X hours/days/weeks before they can be given out again", that's a very weak point in today's day and age. It's like saying "sending mails is bad because it is nearly instantaneous, and you don't have to wait for the postman to deliver your letter".