September 8th, 2024

With more legal action on the horizon, how long before Archive.org closes?

The U.S. Court of Appeals ruled against the Internet Archive, stating its digital lending practices are not "fair use," raising concerns about its future amid ongoing legal challenges and potential damages.

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With more legal action on the horizon, how long before Archive.org closes?

The United States Court of Appeals has upheld a ruling against the Internet Archive in the ongoing legal battle with Hachette, affirming that the Archive's practice of scanning and distributing digital copies of copyrighted books without permission is not considered "fair use." The Internet Archive had previously launched a "National Emergency Library" during the COVID-19 pandemic, which allowed unlimited digital lending of scanned books, leading to the lawsuit. The court's decision emphasizes that the Internet Archive's arguments, including claims about the costs incurred in creating these digital copies, were not sufficient to justify their actions. The ruling poses significant challenges for the Internet Archive, which is already facing another lawsuit from Universal Music Group regarding unauthorized distribution of audio recordings. If the Internet Archive loses this case, it could face damages exceeding $412 million, a financial burden it may not be able to withstand. The future of the Internet Archive appears precarious, with potential for further legal actions against its extensive collection of copyrighted materials. The situation raises concerns about the sustainability of the Archive's services, which many users value, but which operate in violation of copyright laws.

- The U.S. Court of Appeals has ruled against the Internet Archive in a copyright case.

- The Internet Archive's digital lending practices were deemed not "fair use."

- The Archive faces a potential $412 million lawsuit from Universal Music Group.

- The future of the Internet Archive is uncertain due to ongoing legal challenges.

- The Archive's operations may be at risk due to copyright violations.

Link Icon 18 comments
By @dang - 3 months
Recent and related:

The Internet Archive has lost its appeal in Hachette vs. Internet Archive - https://news.ycombinator.com/item?id=41447758 - Sept 2024 (783 comments)

By @altdataseller - 3 months
Maybe its just me but every single time I really needed a past snapshot of a webpage, they never ever have it. Or they do and its a loading GIF because all the content is loaded from JS.

I think the fact a lot of sites are SPA or similar, and have bot blockers like Cloudflare is slowly killing their usefulness.

By @pledess - 3 months
it may actually be reasonable to start a page under https://wiki.archiveteam.org/index.php/Category:Closing_proj... to track this
By @blendergeek - 3 months
> The only one putting The Internet Archive in danger... is The Internet Archive.

Um ... no. The ones putting The Internet Archive in danger are the copyright cartels and the laws that enable them. If you "love the internet archive", you should oppose the current copyright regime.

If you think that the Internet Archive is their own worst enemy and anyone who thinks differently is wrong, then you don't actually support the work of The Internet Archive. Sure, you may like parts of it. But you oppose its core mission.

I support changing the law to allow the The Internet Archive to operate. I am sad that the current laws (apparently) may not allow it to operate. I am not dunking on everyone who thought they have a reasonable legal case. Why? Because I "love the internet archive".

By @dotancohen - 3 months
Let's say that I want to back up interesting or important webpages, without the Internet Archive. What option do I have, given a URL, to archive it?

Given: 1. It may require a login, for which I already have a cookie in my everyday browser. 2. It may require complex Javascript, e.g. React applications. 3. It may require dismissing popups for: cookie consent, newsletters, optional logins or signup, etc. 4. It may require solving a captcha. I have no problem letting the script run in the background and grabbing my attention when a captcha is required.

By @butz - 3 months
"Internet Archive" should do a quick rebrand to "Archive of the Internet", AI for short, and as if by magic, whole copyright issues will be resolved.
By @jauntywundrkind - 3 months
Feels like comments are focusing strongly on IA, but, the legal system really made a fool of itself in this one. It's not even trying to look respectable when it acts like this. It wasn't a takedown of digital libraries at all; it was a blanket insult against all libraries.

The 2nd Court wasn't quite this bad, but if we want to write headlines, how about: "With more trash rulings, how long before the copyright system collapses?"

As ever, Mike Masnick/Techdirt have strongly polarized but great coverage. https://www.techdirt.com/2024/09/05/second-circuit-says-libr...

By @jmakov - 3 months
Don't we have a distributed alternative for that e.g. I dowbload a docker file and dedicate X TB to this proj?
By @dancemethis - 3 months
Of course the individual in the end decided to somehow make the article... about himself.
By @yunohn - 3 months
We all knew that the IA was bound to be litigated out of existence at some point. But I don’t understand the authors point that it’s the IA’s fault - is there actually any way they could avoid or win an IP case ever?
By @JumpCrisscross - 3 months
Top comment from a related thread: https://news.ycombinator.com/item?id=41449965
By @ChrisArchitect - 3 months
By @FMecha - 3 months
So, if the Great 78 Project lawsuit ends up in favor of record labels, which groups will be next to go after them?
By @modeless - 3 months
Yeah, the wayback machine is clearly the most valuable service they provide by far and it would be a huge loss if liability from the other stuff forced it to close. Could it be spun off somehow?

I say this as a user of the other stuff. I just built a site that relies on them to serve classic game assets (legally, because it's just the free demo)[1]. But I'd definitely prefer that they shut that down if it could keep the wayback machine on.

[1] https://thelongestyard.link/

By @jampekka - 3 months
Intellectual property is a broken and harmful system that is really holding us back.
By @lubujackson - 3 months
As a graybeard fan of IA, I find their hubris damning. If they had one thing going for themselves it was some level of grandfathered goodwill - all of which they stupidly used up for this "COVID made me do it" nonsense.

It may have always been inevitable that copyright laws would burn down our modern Library of Alexandria, but they didn't have to hand out torches like this.

By @stavros - 3 months
Let's burn another library of Alexandria!
By @bityard - 3 months
As a frequent user and sometimes donor, I would be a-okay if archive.org gave up on everything that isn't archiving the web. They should re-focus on delivering a better archiving solution (their current system still misses a LOT of page resources and dynamic content), and could use a revamped UX. And of course MUCH faster access to archived pages.

Basically, get better at what you're already best at. Don't be the next Mozilla.