this post was submitted on 04 Nov 2025
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Copyright should not apply to a historic record, but things don't become historic record upon creation, but sometime after. However, you can't have a historic record if it isn't recording history as it happens so...once enough time passes to make a historic record case versus copyright how do you add back the stuff that wasn't recorded at the time?
The removal of this content is itself now historic record so tag the missing information and why there is a black hole where the record should be. Digital history, and thus history, as swiss cheese because the value of copyright matters more than accuracy of the history of the digital age itself. It is a tragedy to the future that we can't record reality because someone claims they own it...
We are a stupid, stupid species.
You archive it but don't publish it.
Yes, the archiving and republishing would be illegal in most countries, but not in the US. Fair Use
They didn't face trouble over archiving the net, but over digitally lending e-books and audio.
That might be a viable option.
It's the approach I've been advocating for for years now, throughout this whole lawsuit circus. I got a lot of downvotes for it over the years too, people couldn't separate my position from capitulation.
Really, it's just a matter of fighting the battles you can win and not fighting the battles that will annihilate you simply on the basis of principle. The analogy I kept using was a man carrying a precious and fragile treasure going up to a bear and whacking it with a stick, and then acting like we should be sympathetic to them as they desperately scream about how the precious treasure was at risk now that the bear was eating their leg.
They should be focusing on protecting that treasure. Let the EFF take the bear on, that's what they are for.
It does call into question the motive of the archive and it's financial viability to pivot to doing that.