People have gotten so used to the existence of the Internet Archive’s web archive that they forget how revolutionary and subversive it is.
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Brooke Vibber :blobcatcoffee:replied to Jetz Kiterr last edited by
@jetz_kiterr @LovesTha @molly0xfff @riley part of civil disobedience is having a plan for taking your licks when they enforce the bad law against you for it, and organizing around it. i sincerely hope this has been carefully planned and coordinated by our friends at i.a!
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@riley @LovesTha @brooke @molly0xfff If you want to tear down an empire of control, you need to do two things at once.
1) Fight it legally.
2) Make it really easy to defy for people who want to.Previous successes: Access to the phone system, music on demand, medical marijuana. In all cases they went the legal route and the "overgrow" route at the same time.
Wayback and Libgen need to be the good cop and the bad cop here.
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Kevin Rigglereplied to Brooke Vibber :blobcatcoffee: last edited by
@brooke @molly0xfff the Wayback Machine is pretty obviously a transformative use under fair use, and even the original controlled digital lending program should have been not transformative but still fair use. Removing the restrictions and going full pirate library was pretty obviously not transformative and not fair use and the courts rightly found against it
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@brooke @molly0xfff like this is a specialized but very well-trodden area of law
U.S. Copyright Office Fair Use Index
The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody).
(www.copyright.gov)
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@kevinriggle @brooke and yet
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@molly0xfff @brooke I mean yeah, judges gonna judge. I disagree, but, play stupid games, win stupid prizes
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@kevinriggle @brooke That’s a pretty flippant response to a decision that has extremely concerning ramifications for libraries in general.
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Kelsonreplied to Brooke Vibber :blobcatcoffee: last edited by
@brooke @jetz_kiterr @LovesTha @molly0xfff @riley Quick, let's get Archive Team to start backing up the Internet Archive!
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Daniel AJ Sokolovreplied to Molly White last edited by
@molly0xfff @williamoconnell In court, I would make the distinction that the books are sold, whereas as the websites are not.
The 2nd Circuit chided the IA for "usurping" the book market; there is no such market for old websites.
(Now that may leave a legal problem for publishing services if paywalled websites that still exist a such.) -
Molly Whitereplied to Daniel AJ Sokolov last edited by
@newstik @williamoconnell again, many many websites in their archive make money (be it using paywalls, advertising, etc.)
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Daniel AJ Sokolovreplied to Molly White last edited by
@molly0xfff @williamoconnell Yes, it's risky, legally. But I would argue that the majority of the archive shows old websites, which are no longer available in that fashion, so they don't make money for anyone. The use of the Internet Archive does not replace or reduce use of the current versions of the websites.
That makes a major difference in the Fair Use test under US Copyright.
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Molly Whitereplied to Daniel AJ Sokolov last edited by
@newstik @williamoconnell I regularly see pages on IA that were archived within the last 24hr
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Daniel AJ Sokolovreplied to Molly White last edited by
@molly0xfff @williamoconnell Yes, that may be a legal problem. But those are a fraction of what's available in the Archive. It's easy to reduce the availability to "out if print" websites (which is actually the deal the Internet Archive has struck with Hachette et Al regarding ebooks).
But in any case, nobody goes to the IA instead og loading today's version of a website. Everyone will go there first, before checking the IA for a version no longer available live. Major distinction for Fair Use.
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Molly Whitereplied to Daniel AJ Sokolov last edited by
@newstik @williamoconnell which would be a huge loss, just as this is
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Pax Ahimsa Gethenreplied to Molly White last edited by
Care to do a column or one of your awesome YouTube videos on this? I'm sure it would be appreciated
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Molly Whitereplied to Pax Ahimsa Gethen last edited by
@funcrunch yeah, probably should
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@molly0xfff you're not wrong, and the publishers who pursued the case are the ones to blame, but I do wish IA had stayed slightly under the radar instead of trying the "emergency library" thing which was pretty obviously pushing the envelope
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@molly0xfff @funcrunch wait, you have a YouTube channel? Imma run over right now
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@aburka the case against CDL was in motion before the emergency library