this post was submitted on 04 Nov 2025
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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.