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If we lose the Internet Archive, we’re screwed

sbstatesman.com

451–460 of 614 posts

Re: If we lose the Internet Archive, we’re screwed

#451
The problem is our economic system doesn't support these kind of large scale extremely beneficial projects. (See Wikipedia etc.)

How much value does Wikipedia or the IA bring compared to your average unicorn startup?

There's a problem there we need to figure out how to solve...

Re: If we lose the Internet Archive, we’re screwed

#452
post #444
post #440

Earlier quoted context omitted.

You're presenting a false dichotomy. The alternative to our current system isn't solely "no copyright at all". It's pretty simple: reduce copyright terms to something much more reasonable. I believe the original copyright term in the US was 14 years. I'm sure we can guess why that has been raised several times since then: greedy corporate interests. Sure, it's certainly debatable what the "correct" term length should…

To go to anything less than 50 years after the death of the creator would require leaving the Berne convention and the TRIPS agreement... and the WTO (since the TRIPS agreement is part of the founding set of agreements in for the WTO). The political will to change that in 164 countries for for the US to leave the WTO would need to be quite substantial.

Good. We should.

Re: If we lose the Internet Archive, we’re screwed

#453

Earlier quoted context omitted.

How about copyright reverts to its original duration of 14 years with an opt-in renewal for an additional 14 years? https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St...

Various treaties that have been signed and approved prevent that. Copyright longer than 14–28 years is not a bad thing, but copyright for longer than ~50 years is IMO questionable. I’d love to see some of those treaties renegotiated to limit copyright duration for Works for Hire (e.g., most software out there), but also to reduce the overall length of protection…BUT. I’d also love to see RAND compulsory licensing on…

Nope, there is no such moral right. It’s an artificial right we created (actually mostly taking away the natural right for people to free copy whatever). And then through corruption, ended up expanding to absurdity and locking it in via treaties and all the propaganda that the vast majority of people swallow whole and take it for granted like fish take water for granted.

Re: If we lose the Internet Archive, we’re screwed

#454
post #333
post #72

Earlier quoted context omitted.

Depends on what they’re looking at in terms of statutory damages. Looking at their Form 990s they bring in roughly in the neighborhood of $15-20M/year in contributions. That isn’t really a lot, and makes me wonder how they ever defend themselves in court but somehow they’ve survived this long.

Librarians are a pain in the ass to litigate against would be my guess. We're very detail oriented, we're organized, and we're very good at following procedures. We're just as good at drawing things out as lawyers and burying us under tons of paperwork does nothing. Basically a lot of the tactics used to get big lawsuits over with quickly are much harder to execute against librarians. It becomes a war of attrition.

That's not the case here.

The IA lost the case because the testified in court they didn't actually check and had never built a mechanism to check that the libraries involved weren't letting out the physical books at the same time.

They didn't do even the very basic of legal scholarship on the copyright situation for uncontrolled lending.

Re: If we lose the Internet Archive, we’re screwed

#455
post #63
post #6

Earlier quoted context omitted.

>> I wonder if there needs to be a cultural equivalent, where a repository of digital or physical artifacts is "too big to fail" because of the negative cultural impact their failure would have. You can wonder all you like, and call me a cynic, but the US runs on money not culture. The American identity is built on money and wealth and excess, not on anything you might describe as "culture". The IA would not "fail" i…

The US runs on rule of law, and copyright law has been around for centuries. Many sites that violate copyright laws would be fine if left alone. That doesn’t mean they should be immune from lawsuits. Everyone was telling the internet archive that this was a dumb idea because it opened them to lawsuits with ruinous fines. Now the chickens are coming home to roost and IA is crying foul. It can be true that the internet…

>The US runs on rule of law

Oh you sweet summer child.

Re: If we lose the Internet Archive, we’re screwed

#456
post #392
post #333

Earlier quoted context omitted.

Librarians are a pain in the ass to litigate against would be my guess. We're very detail oriented, we're organized, and we're very good at following procedures. We're just as good at drawing things out as lawyers and burying us under tons of paperwork does nothing. Basically a lot of the tactics used to get big lawsuits over with quickly are much harder to execute against librarians. It becomes a war of attrition.

I never thought of it that way before, but that tracks.

We also don't need to bill the lawyers for everything that most clients do. A lawyer for the IA can probably give them exact specifications for things like delivery of discovery documents and what they'd be looking for in them and get exactly what they need. So way fewer billable hours used for administrative tasks.

Re: If we lose the Internet Archive, we’re screwed

#457

I'm so sick of modern businesses and their vampire approach on creativity and intelligent property. I see a lot of comments in this thread with what about-isms or "I don't care, we wouldn't miss anything", but these people are short-sighted. And to be honest the hacker news community is frequently the community I loathe to engage in these topics with. Because they are always looking forward with very little respect f…

> I see a lot of comments in this thread with what about-isms or "I don't care, we wouldn't miss anything", but these people are short-sighted. And to be honest the hacker news community is frequently the community I loathe to engage in these topics with. Because they are always looking forward with very little respect for the past as well as very little respect for domains outside of technology.

There is a severe lack of appreciation for culture or even an understanding of what constitutes our culture, especially here on HN (which is why I hate discussing these topics here). It's not just a handful books that happen to turn into literature in 100 years. Our culture consists of every medium we interact with today. Allowing corporations to monopolize nearly all of it in perpetuity is quite simply immoral and severely damaging to our continued cultural development.

Re: If we lose the Internet Archive, we’re screwed

#458
post #333

Earlier quoted context omitted.

Librarians are a pain in the ass to litigate against would be my guess. We're very detail oriented, we're organized, and we're very good at following procedures. We're just as good at drawing things out as lawyers and burying us under tons of paperwork does nothing. Basically a lot of the tactics used to get big lawsuits over with quickly are much harder to execute against librarians. It becomes a war of attrition.

That's not the case here. The IA lost the case because the testified in court they didn't actually check and had never built a mechanism to check that the libraries involved weren't letting out the physical books at the same time. They didn't do even the very basic of legal scholarship on the copyright situation for uncontrolled lending.

Legally, the IA is in the wrong here. (I hate it because morally I side with the IA but yeah the courts aren't going to.)

I was just addressing the 'how did they survive this long'? part. It's basically the flip side of places that leverage their superior legal resources to draw out lawsuits to get the other side to drop them/make them not worth the time. "We're going to be such a pain in the ass you're just going to quit out of sheer frustration."

Personally, I think the IA fucked up really hard here.

Re: If we lose the Internet Archive, we’re screwed

#459

Earlier quoted context omitted.

Frankly, at least in the context of US Copyright Law, we need to go back to Article I of the Constitution that defines copyright. The very first sentence is "To promote the useful arts and sciences..." If congress passes a copyright law, and that law can't demonstrate that it actually MEASURABLY does promote the useful arts and sciences, (but rather hinders them, as is often the case), then that law should be overtur…

Fully agree. Copyright was originally conceived as a scalpel, but has been turned into a bludgeon. Its current scope and power is far too great.

You can blame brain-dead case law and precedent for that, no doubt bought and paid for by corporations who can afford great lawyers to keep stretching the definition until it's completely unrecognizable.

Re: If we lose the Internet Archive, we’re screwed

#460

I'm so sick of modern businesses and their vampire approach on creativity and intelligent property. I see a lot of comments in this thread with what about-isms or "I don't care, we wouldn't miss anything", but these people are short-sighted. And to be honest the hacker news community is frequently the community I loathe to engage in these topics with. Because they are always looking forward with very little respect f…

Frankly, at least in the context of US Copyright Law, we need to go back to Article I of the Constitution that defines copyright. The very first sentence is "To promote the useful arts and sciences..." If congress passes a copyright law, and that law can't demonstrate that it actually MEASURABLY does promote the useful arts and sciences, (but rather hinders them, as is often the case), then that law should be overtur…

> I’m not typically a “Constitutional Originalist” but

Don't worry, 50 years was only close to the median amount of time that it takes for old laws and old court rulings to be overturned

So it wont undermine your brand to support, ironically, what might be seen as a rogue court outcome nowadays

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