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.
Well said. Within the existing framework of copyright law, the emergency open library thing that got them sued seems obviously illegal, despite it being a good thing. What's good and what's legal don't always line up.
The Internet Archive's work is too important. The library portion (that does controlled digital lending of published books) is nice, but I wouldn't be too hurt if it goes down. Regular public libraries can fill a lot of that role. But the archive itself is incredible, and losing that would be a huge shame.
Legally, I don't know that admitting fault and saying sorry does much good, but it certainly isn't surprising that they got into hot water here.
It probably wouldn't help their current lawsuit, at this point. Maybe right at the beginning, before it went to court and they could negotiate a bit in search of a reasonable settlement, but at this point they've already lost it hard.
What it would do is reassure me that they're not going to do something dumb like this in the future, which would make me more willing to donate money to them knowing it'll go to actual internet archiving activities instead of being thrown into big publishers' pockets as part of more lawsuit settlements.