06-04-2020, 03:24 PM | #1 | |
Zealot
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Internet Archive sued by big publishers
I couldn't see a thread about this. Please merge if I've missed one.
I'm interested to hear your thoughts. https://arstechnica.com/tech-policy/...nding-program/ Quote:
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06-04-2020, 04:00 PM | #2 |
monkey on the fringe
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About time! They should've stuck with public domain. Now they risk losing it all and they only have themselves to blame.
I liked their PD stuff, especially the Old-Time Radio shows. It'll be a shame if this content goes away. |
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06-04-2020, 04:15 PM | #3 | |
Grand Sorcerer
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Quote:
Analysis on The Digital Reader Blog: Four Publishers File Suit Over Internet Archive’s Pirate Site |
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06-04-2020, 04:30 PM | #4 | |
monkey on the fringe
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Quote:
I'll take a look at the article shortly. |
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06-04-2020, 05:46 PM | #5 |
Wizard
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If they are posting copyright material, not surprised.
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06-04-2020, 06:40 PM | #6 | ||
Grand Sorcerer
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Quote:
As pointed out by Chris Matthews of TELEREAD: Quote:
If the case doesn't see a summary judgment in the first session there will be more "friends of the court" filings hitting the court than books in the "library" . The mass of the filing alpne will bury the judge. Here: https://www.youtube.com/watch?v=mj5IV23g-fE or this: https://www.purplekittyyarns.com/info/copyright.html Or this: https://www.popularwoodworking.com/i...ation-illegal/ The only people against IP rights are the people that never created anything worth anything. Remember that Creative Commons and Opensource licenses are themselves exercises of copyright ownership. It is up to the creatives and their authorized representativds to decide when and how their creations can distributed. No some self appointed dude on the internet. Last edited by fjtorres; 06-04-2020 at 06:54 PM. |
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06-04-2020, 06:41 PM | #7 |
Grand Sorcerer
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06-04-2020, 07:26 PM | #8 | |
Grand Sorcerer
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Quote:
Not to say that the Internet Archive isn't rather obviously breaking the law and seems rather unlikely to find a sympathetic judge. It does seem that they were deliberately looking to be sued. No idea what they thought they were going to accomplish. |
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06-04-2020, 08:14 PM | #9 |
eReader Wrangler
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It has the feel of Don Quixote tilting at windmills. I always thought Archive.org was somehow supported by government funds. Maybe because of all the public domain stuff.
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06-04-2020, 09:22 PM | #10 | |
Grand Sorcerer
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Quote:
I'm not talking about creator's choosing Creative Commons or any of the OpenSource licenses. Those creators are exercising *their* right under the law. And I explicitly excluded them. They are part of tbe system the IA thinks they can obviate. They can charge whatever they want, including nothing. They created it, they own tbe copyright. *They* are entitled to do anything they want with it. I'm talking about the online chatterers and "activists". And the people who listen to them and buy that hooey. Those aren't entitled to "public domain" somebody else's property just because "information wants to be free" or because they can make money off sleazy ads on a sire ful of torrents. Pirates are pirates however tbey style themselves. Last edited by fjtorres; 06-04-2020 at 09:28 PM. |
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06-04-2020, 09:33 PM | #11 |
Wizard
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But the big five publishers can price fix ebooks via cartels. That's legal.
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06-04-2020, 11:42 PM | #12 | |
Grand Sorcerer
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Quote:
Then, juries are unpredictable. |
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06-05-2020, 05:13 AM | #13 | ||
Reading till the spring
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See also https://www.theregister.com/2020/06/...ernet_archive/
and the comments. I've never suspected IA of being Government backed. It does have one Mirror in Egypt and it's more likely to be backed by someone like Google, who cares about copyright on their own material but encourages piracy by their policies on Google Books/PlayStore and YouTube. Google should never have won the case about scanning and the way they use the scans breaks the intent of what they claimed. US Court case over Google Scanning EVERYTHING and their concept of Orphan works: Quote:
Also real libraries buy real ebooks at library prices (which can be more or less than retail) and can licence for whatever number of simultaneous loans that they want. The IA scans real books, been doing it over a decade. Unlike Gutenberg they don't care about copyright. They don't proof, only an automatic OCR to aid search or "fake" ebook versions. Just like Google. They don't acquire ebooks the same way as USA libraries. They are parasites. Quote:
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06-05-2020, 06:32 AM | #14 | |
Grand Sorcerer
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Quote:
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06-05-2020, 07:29 AM | #15 | |
Grand Sorcerer
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Quote:
Even if they did, their default opt-out approach has beeng rejected in court on this side of the pond along with the "orphan works" money grab by the Author's Guild "settlement" with Google that the judge threw out for lack of standing: the AG had no right to appoint themselves representatives of the wider class of authors, rather than the tiny part that is their membership. IA can't claim even that. As for the Google lawsuit, people keep misreading/misrepresenting the legal case itself. The actual legal issue being litigated was that Google, in order to provide book excerpt snippets in their search engine, created a database of scanned and indexed books. The AG position was that any use of the books other than individuals paying for the book was illegal. After pruning away the irrelevancies and money grabs, the ruling was that inasmuch as Google's database was not distributing the scans and merely using it for internal purposes, to generate the excerpts (which are *explicitly* permitted under Fair Use legal doctrine) Google was not *distributing* anything that wasn't permitted by Fair Use. That. Is. It. The IA is taking the contents of *their* database and contributing entire books from it, pretending that if a <1% snippet is legal, so is 100% of the content. Disingenuos at best. As pointed out above Fair Use is all about *limited* use. And distribution. And it applies to each individual item at issue. There is nothing limited about the use the IA puts each copyrighted item to use. Even one user at a time, it is illegal to distribute the *entire* contents of the book without explicit permission. The crime, as determined by the court, is the distribution, not tbe scanning. Mass distribution = mass violation. Everything else is just smoke and mirrors meant to obscure. Last edited by fjtorres; 06-05-2020 at 07:41 AM. |
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