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The article concentrates on the briefs by RIAA, MPA, and U.S. politicians - the moneybags and perennial bad guys whom everyone loves to hate. It barely mentions
by ilamont 3y ago
The article concentrates on the briefs by RIAA, MPA, and U.S. politicians - the moneybags and perennial bad guys whom everyone loves to hate. It barely mentions the brief by authors groups and other creative organizations, from the Author's Guild to the North American Nature Photography Association. From the summary:
IA has created a vast unauthorized online database of literary works that anyone in the world can access for free, which differs from the most flagrantly illegal pirate websites only by reason of its residing in a U.S. not-for-profit. ...
IA’s infringements have caused and will continue to cause significant harm to Amici’s members. Many members’ works are part of the “long tail” of older published works that earn much of their revenue from licensed electronic uses rather than sales of new copies. Because authors and many other creators today generally earn so little from their writing,3 they rely on income from the long tail, and even a seemingly minor reduction in such income will materially impact the authors, visual artists, photographers, and other creators who depend on the income for survival.
Further, creators and their publishers will find it more challenging, if not impossible, to bring older titles back into print, whether in physical or electronic form, if they must compete with free Open Library-generated ebooks from IA. Finally, such free Open Library-generated ebooks will
also create a direct market substitute for authorized lending by libraries outside the U.S., which lending – unlike Open Library – generates royalties for creators under the public lending right recognized by most other developed countries.
Source: https://storage.courtlistener.com/recap/gov.uscourts.ca2.60988/gov.uscourts.ca2.60988.223.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.ca2.609...
Like many people on HN, I regularly use the wayback machine or other parts of the Internet Archive to track the history of websites or read out-of-copyright and public domain works. Sharing this information is important and should be continued.
I also believe in the concept of "Fair Use" for sharing and discussing excerpts of more current works.
But when it comes to outright republishing of in-copyright printed works, the rights of creators and publishers need to be recognized. Brewster Kahle decided that an overly broad interpretation of the Internet Archive's mission trumped these rights and the laws of the United States. Even when it was asked to repeatedly stop, he continued.
Far from this being a "crusade" against IA, it's the logical outcome of one man's seemingly fanatical conviction against the law and the people who work very hard to bring new books into being.
The collateral damage to the many noble aspects of the Internet Archive is bad. I truly hope it survives.
- shkkmo 3y ago> But when it comes to outright republishing of in-copyright printed works, the rights of creators and publishers need to be recognized. 'Republishing' is a bad faith description here. What IA is doing is not 'republishing' but offering 'Controlled Digital Lending' with time limited lending for scanned versions of items they posses digital copies of. This is happening in the context of the same publishers refusing to sell lend-able digitial versions of books to libraries at the same price as physical books. Book lending is a concept what these publishers are actively working to eradicate and this lawsuit is an important part of that.
- aerostable_slug 3y ago> 'Republishing' is a bad faith description here. What IA is doing is not 'republishing' but offering 'Controlled Digital Lending' with time limited lending for scanned versions of items they posses digital copies of. The IA does both. It's pretty easy to upload copyrighted works that aren't kept behind borrow-walls, and people do it all the time. The IA doesn't seem super motivated to change that. It would indeed be unfortunate if the baby were thrown out with the bathwater, but come on: I typed "site:archive.org cranberries" on DuckDuckGo and was directed to a downloadable track-by-track rip of the Irish band's greatest hits album. That's tough to defend with a straight face.
- AnthonyMouse 3y ago> It's pretty easy to upload copyrighted works that aren't kept behind borrow-walls, and people do it all the time. The IA doesn't seem super motivated to change that. Neither do most sites hosting user-submitted content. IA responds to DMCA takedowns. What are they supposed to do if you haven't issued one to them?
- n9 3y agoIt is basically the same with the books. The IA's book hosting system has DRM, yes, but it is Adobe's ADE which has been well and truly cracked. If you have a bit of patience and tech knowledge you can pull a full PDF of any book on IA in about 20 second's time. They could do a better job restricting access and I figure they wouldn't be in this much trouble.