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I genuinely don't understand why they're not making any serious attempt to clean it up (also how Nintendo hasn't gone after them, they cease and desist their ow

by gs17 3y ago

I genuinely don't understand why they're not making any serious attempt to clean it up (also how Nintendo hasn't gone after them, they cease and desist their own paying fans!). Maybe moderation would cost more than the storage/bandwidth so they can leave cleaning it for when legal issues happen. The "emergency library" is at least understandable as a special case.

tombert 3y ago
I'm sure Nintendo knows about it, they're a multibillion dollar company that's famously litigious and it's not like the IA is some obscure part of the deep web, so it wouldn't surprise me if they're just biding their time to see how this lawsuit goes. They might be afraid of the optics of suing a library, but I just think it's a matter of time before they get over that.
sussmannbaka 3y ago
Nintendo needs that romset to stay up or otherwise they won’t be able to sell them on the next iteration of Virtual Console :o)
GrantMoyer 3y ago
Presumably, since the files are user uploaded, the Internet Archive is protected so long as they comply with any DCMA takedown requests, and I imagine they do. But then some other user soon uploads the infringing material, and the onus is back on the rights holder to find it and issue another notice.
- tombert 3y ago
  IANAL, but if they’re ambivalent and not making a slightly proactive attempt to stop blatant and obvious piracy on their site, couldn’t that still get them sued? YouTube has Content ID which of course has its problems but I think is somewhat of a protection to ensure that they don’t get sued direct.
  - LocalH 3y ago
    Content ID exists because YouTube got sued
  - GrantMoyer 3y ago
    Also NAL, but the "safe harbor" laws[1] explicity state that "a service provider monitoring its service or affirmatively seeking facts indicating infringing activity"[2] is not required for protection. I have no idea how that translates to judicial precedent though. [1]: https://www.copyright.gov/512/ https://www.copyright.gov/512/ [2]: https://www.copyright.gov/title17/92chap5.html#512 https://www.copyright.gov/title17/92chap5.html#512

by gs17 3y ago

tombert 3y ago

I'm sure Nintendo knows about it, they're a multibillion dollar company that's famously litigious and it's not like the IA is some obscure part of the deep web, so it wouldn't surprise me if they're just biding their time to see how this lawsuit goes. They might be afraid of the optics of suing a library, but I just think it's a matter of time before they get over that.

sussmannbaka 3y ago

Nintendo needs that romset to stay up or otherwise they won’t be able to sell them on the next iteration of Virtual Console :o)

GrantMoyer 3y ago

Presumably, since the files are user uploaded, the Internet Archive is protected so long as they comply with any DCMA takedown requests, and I imagine they do. But then some other user soon uploads the infringing material, and the onus is back on the rights holder to find it and issue another notice.

tombert 3y ago
IANAL, but if they’re ambivalent and not making a slightly proactive attempt to stop blatant and obvious piracy on their site, couldn’t that still get them sued? YouTube has Content ID which of course has its problems but I think is somewhat of a protection to ensure that they don’t get sued direct.
- LocalH 3y ago
  Content ID exists because YouTube got sued
- GrantMoyer 3y ago
  Also NAL, but the "safe harbor" laws[1] explicity state that "a service provider monitoring its service or affirmatively seeking facts indicating infringing activity"[2] is not required for protection. I have no idea how that translates to judicial precedent though. [1]: https://www.copyright.gov/512/ https://www.copyright.gov/512/ [2]: https://www.copyright.gov/title17/92chap5.html#512 https://www.copyright.gov/title17/92chap5.html#512