this post was submitted on 29 May 2024
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The problem is that the litigation was entirely "just", as far as the legal system goes. It's an open-and-shut case and everyone saw it coming. The Internet Archive basically stood in front of a train and dared it to turn, and now they're crying the victim. Doesn't exactly entice me to send them donations to cover their lawyers and executives right now.
They really need to admit "okay, so that was a dumb idea, and ultimately not related to archiving the Internet anyway. We're not going to do that again."
Note that I'm not saying the publishers are "good guys" here, I hate the existing copyright system and would love to see it contested. Just not by Internet Archive. Let someone else who's purpose is fighting those fights take it on and stick to preserving those precious archives out of harm's way.
It literally archives internet pages and files. What do you think the internet archive does if it doesn't do that?
The lawsuit was about them distributing unauthorized copies of books. Not archiving, and not internet pages or files.
And that was exactly the problem.
Your calling files, book documents to be specific, books, doesn't change that IA is storing files, ebooks to be specific, nor that the ruling shall affect all Libraries, which includes the Internet Archive to be specific. And the actual issue, is that the publishers refuse to offer ebooks to Libraries as they assume it'll cost sales when in fact the folks using the Library are there as they are not going to go buy one.
Emphasis added. Storing files is not the problem. Nobody cared when they were just scanning and storing them. The problem arose when they started giving out copies. And worse, giving out copies without restriction - libaries "lend" ebooks by using DRM systems to try to ensure that only a specific number of copies are out "in circulation" at any given time, and so the big publishers have turned a blind eye to that.
Internet Archive basically turned themselves into an ebook Pirate Bay, giving out as many copies as were asked for with no limits.
Again, I don't agree with current copyright laws, I think the big publishers are gigantic heaps of slime and should be burned to the ground. The problem here is that it's not Internet Archive that should be fighting this fight.
Library, look it up. And the publishers always hated Libraries.
Unlimited copies, look it up. Internet Archive's "emergency library" broke the customary limits that other libraries stick to in order to keep publishers off their backs - they were giving out as many copies of a book at once as people were requesting, rather than keeping a limited number "in circulation."
It really was basically just a piracy site all of a sudden. It's absolutely no surprise at all that the publishers came down on them like a ton of bricks.
But libraries do not do that to limit access... (I think, unless there is some kind of copyright law making it necessary to restrict access). Don't they do do that because they have a limited number of book copies that they need to maintain to meet the book lending demands in their area? Seems to me like they are just trying ro maximise people's access to books given the constraints. Any digital library can obviously do this much faster.