I'm not sure why they thought this would be OK without getting permission from rights holders.
The Internet Archive is broadly improving on the library concept by leveraging their technology to push for innovation in intersecting areas of law and culture that are far from settled. While traveling this course, they have made day-to-day life and future prospects better for ordinary people who lack a voice in this domain in the first place. For this bold approach among other things they have what meager donation money I can give.
It’s easy to sympathise with the motivation behind the decision, but really their decision was to summarily strip people of their rights, and the payoff for their hard work. It wasn’t a noble decision, because they didn’t own what they were giving away, and an attempt to rationalize the deprivation it contributed to is really just sad. It was truly a monumentally stupid decision on their part, and they’ve jeopardized their entire mission because of it.
Copyright does not have the moral high ground either. The fact is most books should already have entered the public domain. However, the public was cheated out of its rights due to ever increasing copyright durations. Why should authors and publishers retain monopoly rights to works for over a hundred years? It should be a few years at most and that's being exceptionally generous.
There's absolutely nothing moral about copyright. When properly constrained to a reasonable duration, it could be considered a necessary evil at best. In its current form, it is equivalent to rent seeking and should be straight up abolished.
Whether or not you think the existing copyright laws have exceeded their purpose is a completely different discussion, and one that is not at all related to this particular topic at all. Because the Internet Archive did not only violate copyright for content benefiting from whatever your opinion of excessive copyright is, they violated it for all the content they had.
I would agree that copyright has many problems. But "rule of law" also matters.
Perhaps more importantly, the Internet Archive has chosen to take actions that are likely illegal, and do that in ways that threaten its very existence. Any court in the world might rule against the IA with a financial punishment that would permanently shut it down AND hand all its resources to its enemies. And those rules will be enforced by trained policemen with guns, tear gas, and bulletproof vests.
The IA is very important, and in general I really like the IA. The Wayback machine is a critical resource today. The IA's decision to risk the existence of itself and all its archives, by taking this step, was extremely unwise. I'm disappointed in the IA, I expected smarter decisions.
I hope they get some excellent lawyers that might salvage them so they can at least exist in some form. Right now, the IA and all it archived is at risk of being destroyed, with nothing good to come from it. If they stay in existence, I hope that they get some good lawyers to keep them away from such horrendously bad legal decisions in the future.
However, whatever you think of such an idea, the people who created the content in question did so under conditions where the state had offered them copyright protection. To remove that protection from people who have already invested their time and money into creating content under those conditions, is simply to defraud them of that time and money, which for a lot of people could amount to their lives work.
No. Laws can change unilaterally and society does not owe them anything. If they created something today and the law changed tomorrow thereby destroying the economic value of their investment, too bad. That's life.
Copyright and its practically infinite duration defrauds the public out of works that by any reasonable estimate should already be in the public domain. Did Disney worry about that before spending its intellectual property profits on lobbyists in order to get the government to extend the duration of copyright? No. These creators and companies have already made an obscene amount of money, many times over their initial investment. Are we supposed to feel guilty about "defrauding" this industry by changing the laws that enable it?
> Whether or not you think the existing copyright laws have exceeded their purpose is a completely different discussion, and one that is not at all related to this particular topic at all. Because the Internet Archive did not only violate copyright for content benefiting from whatever your opinion of excessive copyright is, they violated it for all the content they had.
> No. Laws can change unilaterally and society does not owe them anything.
Technically this is correct. The state is generally able to set whatever laws it likes. It was be a bit difficult in the USA as copyright is enshrined in the constitution. But there are examples in history of governments stripping all sorts of property rights from their citizens. It tends to go quite poorly though, for many reasons, but at least in part because people in that situation tend to view the government as stealing from them.
If the government sets the law in such a way that people who do X will be entitled to Y, then people who did X would be rightly upset if the government summarily decided they were no longer entitled to Y. The only thing that would seperate such a scenario from legally actionable fraud is sovereign immunity.
Most of the anti-copyright comments I’ve seen in this tread seem to really just be thinly veiled anti-private-property comments. So why not just come out and state your case if that’s what you’re getting at?
People being upset isn't a reason to remove a rule.
No, it's not. Like letters of marque and reprisal, copyright is something Congress is authorized to grant in the Constitution, but, also like letters of marque and reprisal, it's not something the Constitution gives anyone a right to expect Congress will grant them.
Also, the objection downthread about you posting repetitively is not without a point. Please don't do that; it's bad for curious conversation, and it lowers the signal/noise ratio of the thread.