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Internet Archive's legal fights are over, but its founder mourns what was lost

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Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#51
post #34
post #33

Earlier quoted context omitted.

There was also a lawsuit over Google Books.

Sure, which Google won. Which was basically the point of the person you replied to I think.

Google didn’t “win.”

Google Books is currently a shell of its former self.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#52
post #32

It was an absolutely bone-headed poke-the-bear move and we should count ourselves lucky that it was only a chunk of the library and not the whole archive that got nuked. IA holds priceless and irreplaceable data, and while the library initiative was a well-intentioned move during the pandemic it was way too radical for the keepers of our shared digital history.

And this is why I respect Anna's Archive. If we want information to be free, I think we should consider intentionally violating copyright as an act of civil disobedience. I'm not sure I'm ready to go that far, but I respect the people at AA who are.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#53

Remember: If OpenAI/Google does it for $$$, it's not illegal. If idealists do it for public access, full force of the law. Information wants to be free. Oblige it. Fools with temporary power trying to extract from the work of others will be a blip in the history books if we make them.

Google had a tailored fair use argument because they never made more than snippets public and searchable. It was also prior to Hachette that controlled lending with one-to-one digital copies for every physical copy was a status quo that publishers largely accepted, which IA deliberately tried to upset with the National "Emergency" Library.

I think it's worth fighting back on copyright as a broken institution, and it should be part of the IA's mission, but you have to be responsible on your approach if you're also going to posture as an archival library with stability of information and access. I understand Kahle might lament losing some of the hacker ethos, but the IA is too important to run up against extremes like this without an existential threat.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#54

Earlier quoted context omitted.

> let IA be what it is IA is the eccentric, untamed idealism. You can’t have the Wayback Machine without the National Emergency Library and the Great 78 Project.

Why not? The Wayback Machine predates the National Emergency Library by many years, suggesting it is possible for one to exist without the other.

And Brewster Kahle's notions about culture and information sharing start well before the Internet Archive. In theory one could pick and choose, but this is Brewster's life-long passion project. The man even outfitted a van with a printer and a binder to distribute physical books for free.

It's very strange to insist that he _not_ push the boundaries of copyright law for the common good. without that you wouldn't have had the Wayback machine in the first place.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#55

Remember: If OpenAI/Google does it for $$$, it's not illegal. If idealists do it for public access, full force of the law. Information wants to be free. Oblige it. Fools with temporary power trying to extract from the work of others will be a blip in the history books if we make them.

> Information wants to be free.

Those who create information may have families to feed, house and clothe. Until those items (food/housing/clothes) are also free, information cannot be free.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#56
post #12

Earlier quoted context omitted.

you realize that HN has always been deeply business oriented, with it's root in the startup scene through the connection with YC? the hackers I believe is reference to pgs essay Hackers and Painters: https://paulgraham.com/hp.html

Yes, but from a much older coinage, as documented in (the not entirely uncontroversial) "The New Hacker's Dictionary" compiled by (the likewise) Eric Raymond: https://www.gutenberg.org/files/3008/3008-h/3008-h.htm#hacke... I'm old enough to recall the term in active use, and to have received the appellation from one who'd had it likewise handed down. I regard both as epiphenomena of the Internet's frontier or "Wild W…

The site used to be called "Startup News."

https://news.ycombinator.com/announcingnews.html

https://news.ycombinator.com/hackernews.html

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#57

Remember: If OpenAI/Google does it for $$$, it's not illegal. If idealists do it for public access, full force of the law. Information wants to be free. Oblige it. Fools with temporary power trying to extract from the work of others will be a blip in the history books if we make them.

> Information wants to be free. Those who create information may have families to feed, house and clothe. Until those items (food/housing/clothes) are also free, information cannot be free.

You might be glad to learn a number of studies (mostly commissioked by the European Union) agree on the fact that piracy doesn't hurt sales.

The main consensus is that people who illegally access content wouldn't have bought it otherwise, and that they still advertise it (thus, still driving up sales).

These studies have then been systematically strong-armed into silence by the EU and constituent countries' anti-piracy organisms.

This is probably because the war on piracy, too, is a billion-dollar industry. I'd be glad to blow it all up and give it all to the starving artists and their families.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#58
post #57

Earlier quoted context omitted.

> Information wants to be free. Those who create information may have families to feed, house and clothe. Until those items (food/housing/clothes) are also free, information cannot be free.

You might be glad to learn a number of studies (mostly commissioked by the European Union) agree on the fact that piracy doesn't hurt sales. The main consensus is that people who illegally access content wouldn't have bought it otherwise, and that they still advertise it (thus, still driving up sales). These studies have then been systematically strong-armed into silence by the EU and constituent countries' anti-pira…

Why do companies attempt to prevent piracy if it doesn't hurt sales?

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#59
post #51
post #34

Earlier quoted context omitted.

Sure, which Google won. Which was basically the point of the person you replied to I think.

Google didn’t “win.” Google Books is currently a shell of its former self.

A summary judgement in favor of Google with an explicit sentence in the ruling that Google was not "violating intellectual property law" is an unmitigated victory.

Re: Internet Archive's legal fights are over, but its founder mourns what was lost

#60
post #37
post #16

What capitalism continues to show us: proof that public libraries, if created in the last 10 years, would be deemed illegal and sued out of existence. It's only because the late 1800's billionaires wanted to leave legacies and made pay-to-enter and free libraries, and migrated them to free, or public libraries. Thats why so many of them are (John) Carnegie Libraries. Only legal when billionaires do it.

How do you figure libraries would be deemed illegal? They operate today. The Archive, on the other hand, attempted a fair use argument for whole copies of books (the copyrighted form most legible to copyright law) currently for sale as ebooks. I agree with the comment across the thread calling this a spectacularly boneheaded move and expressing gratitude that the entire Archive wasn't compromised over the stunt.

> How do you figure libraries would be deemed illegal? They operate today.

The history of public libraries is extremely messy, and the RIAA almost managed to get secondhand music made illegal in the 90s. Publishers did not ever support the idea of loaning a single copy of a work to dozens of people. While it's a huge stretch to say that every illegal download represents a lost sale (people download 100x more than they read), it's a lot less of a stretch to say that people who would sit down and read an entire book are fairly likely to have bought it.

Also, when books were relatively more expensive for people (19th century), a lot of income from publishers came from renting their books, rather than selling them. Public libraries involved a lot of positive propaganda and promises of societal uplift from wealthy benefactors, along the same lines and around the same time as the introduction of universal free public education. I remember hearing a lot about this history at the Enoch Pratt Library in Baltimore, which iirc was the first. Libraries were at that time normally private membership clubs.

edit: I also agree that the free book thing was stupid and have been very harsh about it. I don't know if it's possible to be too harsh about it, because it was obviously never going to get past a court. It felt almost like intentional sabotage.

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