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Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

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Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#221
post #201

Earlier quoted context omitted.

I'm talking about the unfair allegation of privacy violations, here. Note that when the Archive shares crawled content with other libraries, those other libraries often have their own legal right to collect, preserve, and make-available that data even stronger than the Archive's rights via fair use, implied-license, library privileges, and other grounds. For example, many of the Archive's partners in government libra…

Crawling and archiving everything, including personal writings, is a chilling effect. It is the same situation people are seeing with social media, where the past remains to haunt the present and none of our future leaders are using it without a mask. It was most surprising to people when some Libraries decided 'published' meant anything put on the WWW or posted to Usenet. It seemed grasp for funding and to keep rele…

I'm sorry you had some issues with the National Library of Australia's collections. I've never been an expert on Australian law, & it's been a while since (when I was at IA a decade+ ago) I worked with that library. But the impression I had at that time was that their governing law & budget, as dictated the Australian legislature, required them to collect broadly, & deeply, from the `.au` domain-names. So it seemed a compulsory part of their "statutory rights & mission" then, rather than "against" such things. Their governing laws & strategies may have modified over time since with experience – which is the point of trying, observing, correcting in new murkier frontiers of tradition, technology, and law.

On the larger issues, & specific to the Internet Archive:

You should assume there are several other larger "dark" web archives, by nations and large private organizations, collected without the awareness or available-remedies of the Internet Archive's or various national library public efforts. There are also uncountable other private and ad-hoc collections. Depending on what kinds of harms you expect from retained copies of older writings, these may be far larger threats than any holdings of an open, public, correctable non-profit library.

I would emphasize that anyone (like a web host or app) who gave any authors, especially the young & net-novices, the impression that something would stay private, or recallable, after being placed on a public webserver, at a published link, and open to browsing by all, did those authors a disservice by mis-informing them of risks, and the best-practices for preserving privacy.

That the Archive's well-identified, blockable crawlers sometimes surprise people with what they collect, and then make-available for lookup, helps correct that misunderstanding, both for individuals and the wider culture. Any "chilling effect" is unfortunate, but it's inherent to the web technology & practices of many independent actors. It's moreso documented, than created, by the Archive's own activities. And further – at least with respect to the Wayback Machine – the surprise availability is then fairly straightforward to undo, and prevent from recurring.

The broader risk that anything on the web – once offered to the public – will remain available from others persists no matter what the Archive does. Those concerned about such risks should take extra privacy-preserving steps, because blocking the Archive's crawls, or correcting the Wayback Machine, only limits this one polite, above-ground actor.

Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#222
post #182

Earlier quoted context omitted.

> The Internet Archive removes an individuals control over when the information remains public. And that's a good thing in the vast majority of cases. Unless we're talking about sensitive information that was published without the consent of the person in question, all public information should remain public forever.

In my experience, it is the vast minority of cases. Most of the content of the IA is not in the public interest, now or in the future. It is crap. It is noise. It is the contents of the Internet at a point in time. Actual information is the wheat in the chaff, and why you need search engines to find it. We know this, because of the Usenet archives that are intermittently available. Almost completely useless apart fro…

Agreed, bulk collection gets dominated by crap, which individually has little value.

But there's some absolutely essential priceless diamonds hidden in the crap. And they can't be found/known at the time of collection: only with the future development of other events & knowledge do they become retroactively evident. So you've got to collect & preserve as much as you practically can, or else great things are lost forever.

Further, even the mounds/magnitudes of crap can turn out to be important for understanding the past. Ads that annoyed readers at the time help communicate how people, & businesses, & technology were really operating – not just the self-serving stories people craft later. The most-fumbling and awkward early uses of a new medium – hypertext, or RealAudio, or Shockwave Flash, or whatever – reveal enduring lessons about the evolution of technology & culture, including roads-not-taken that could still hold promise.

This shouldn't surprise us. Much of what we know of past civilizations comes from archeologists studying trash dumps that, via dumb luck, were well-preserved.

So if you tell me, "the Wayback Machine is a giant unedited trash heap of the internet", my response is: "Yes! That's the point! You get it!"

Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#223
post #215
post #214

Earlier quoted context omitted.

Should you start all of your statements with a list of every project you've ever worked on? Show me an example of how it's done before you make such an exceptional request of me. For any who are more curious about a commenters' background than their current words, my profile already links to copious resources on my work history, & writings, beyond what's typical of contributors here.

Yes, if I was commenting on a project or company that I had self-interest in (eg: reputational, monetary, etc) then I would add a disclaimer like everyone else here does. If you're writing messaging systems and working on cryptocurrency you can figure out Algolia: https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu... You didn't need me to do that.

"Everyone else here" does not do that. Disclosures are spotty, & chiefly in relation to current-employment. And many agree links-in-bio are a sufficient & appropriate way to disclose affiliations: https://news.ycombinator.com/item?id=27209830

My "self-interest" in the Archive is exactly the agreement-with-its-mission that is self-evident by my strong opinions. The post words themselves are a stronger disclosure-of-interest than any extra mention of previous employment would be.

And further, all sorts of extensive details of my projects & work history – and not just with respect to the current topic! – are described a couple clicks away.

Have you disclosed anything about your "reputational, monetary, etc" "self-interest", here or on any other topic? Show me how you do it, inquistor. Or, do you somehow manage to only ever comment on things in which you have no personal interest, nor related professional involvements?

Note that I fully support your right not to declare such things.

It's just rich to criticize someone like myself – with neither hidden opinions nor a hidden work history – from your perch of obfuscation.

Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#224
Archive.org (the Internet Archive) is doing important, critical work to build and maintain an archival copy of everything.

If you have not used the system, spend some time and discover the gems that are included in its collection. https://archive.org Offer suggestions and get involved.

On July 15th I attended the Archive Open House and spoke with Brewster about the ambitious plans through the coming year and the next few decades. There is a lot that needs to be done.

The Archive needs your moral, political, and monetary support. To donate: https://archive.org/donate .

Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#225

Earlier quoted context omitted.

Do you enjoy feature films? Video games? Television shows? Hardly any of that content would exist at the quality level you are accustomed to, without copyright. I say that as a producer of such content. If anyone could legally copy and distribute my work without my permission, I would not produce it, because there would be minimal financial incentive for me to do so. The current level of such unauthorized distributio…

> Hardly any of that content would exist at the quality level you are accustomed to, without copyright. How would you know? Yes these all require funding but the idea that we as a society can only fund big creative works by giving up everyones right to freely share and enjoy them is absurd. Copyright is an effective(ish) way of funding things in a world built around copyright but it is not the only one and there is n…

>It's a sad world we live in when creators are upset that their creation is shared.

I don't think that is a fair description of what I have a problem with.

>Let's also not forget that the need to commercialize creative content using copyright can also negatively influence those works themselves as what is profitable under this scheme is not neccesarily what is best.

This is a huge problem, though it's not really related to copyright.

I think a more accurate statement, using your words, would be something like:

"Let's also not forget that the commercialization of creative content can also negatively influence those works themselves as what is profitable under this scheme is not necessarily what is best."

HUGE problem.

The content you see on YouTube today is determined, in large part, by what advertisers are and are not willing to have their brands associated with.

Huge, huge, problem. Particularly since viewers are typically unaware of it.

> Does it? I'm certainly not an expert of the matter but AFAII the constitution only ALLOWS the government to create laws like copyright but does not require it.

I believe that it does. Abolishing copyright would be a 'taking' of intellectual property, and would violate the takings clause of the Fifth Amendment.

Re: Tell HN: Internet Archive is facing a Big 4 Publishers lawsuit

#226
post #106

Earlier quoted context omitted.

> That genuinely may be so, but "this law i broke shouldn't exist" is not an advisable legal defense. It actually happens more often than you might think. https://en.wikipedia.org/wiki/Jury_nullification

Is there a jury here? It's copyright, not a murder.

Yes, there is a jury.
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