Well, I expect that rigid respect for the law is why you didn't start the Internet Archive, and also why you weren't in a position to help millions of people during one of the biggest social upheavals in the last century :)
Well, I expect that rigid respect for the law is why you didn't start the Internet Archive, and also why you weren't in a position to help millions of people during one of the biggest social upheavals in the last century :)
The law is the law. I don't have to respect it to grasp the concept of cause and effect. There wouldn't be much to talk about here if there wasn't a contingent whinging and ringing their hands as if any aspect of this situation was surprising or novel. Broadcast copyrighted material online without the benefits of significant opsec and you will get dragged in court, period. Hell it didn't take the recording industry 12 months to get a lock on Napster. Y'all need to quit playing like there's a victim here.
Yes, I think we are in agreement. If the law were respected, then the IA, the Wayback Machine, Abandonware Archive, and all of the benefits we get from them would not exist. It sounds like you think the law should be respected, so you think it's good for the IA to be destroyed by this lawsuit. Yes?
I think it's terrible that the Internet Archive is very likely destroyed, or at best, we have to donate a large sum of money to pay off Hachette.
But I think it was reckless to engage in uncontrolled ebook lending. Controlled lending (one copy lent for one copy on the shelf) is not a legal right (in the US), but it's got a much better chance of avoiding a lawsuit.
Uncontrolled lending was foolish. It was inviting a lawsuit, and it has far less chance of popular support than the intuitively more reasonable model of controlled lending.
I agree with the sentiment behind the NEL program: it's a lovely gesture. But to invite destruction of the Archive like that was a terrible mistake, in my view.
Clearly you aren't paying attention so allow me to reiterate:
Regardless of one's opinion on the IA or their mission, they objectively did a stupid when they decided to fuck around with copyright law. Publishers (and judges) have demonstrated repeatedly over the last two and a half decades that from a business perspective this is the equivalent of standing on railroad tracks giving an oncoming train the bird. 10/10 for balls, 2/10 for judgement.