[HN Gopher] Music labels will regret coming for the Internet Arc...
       ___________________________________________________________________
        
       Music labels will regret coming for the Internet Archive, sound
       historian says
        
       Author : coloneltcb
       Score  : 475 points
       Date   : 2025-03-10 16:28 UTC (1 days ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | lenerdenator wrote:
       | Institutions - especially those driven by profit - do not regret.
       | If they did, an internet archival project would not trigger it
       | when the likes of Kurt Cobain and Amy Winehouse could not.
        
         | dylan604 wrote:
         | What does Cobain or Winehouse have to do with this? These
         | individuals had issues well before record labels were involved
         | in their life.
         | 
         | Prince turning himself into a symbol is much more emblematic of
         | record labels controlling the lives of artists.
        
           | racl101 wrote:
           | Agreed. Cobain, for example, just struggled with fame, drug
           | issues, stomach pain, regardless of his dealings with the
           | record labels.
           | 
           | Seems rather immaterial. Unless, of course, I'm missing
           | something. Admittedly, I don't know much about him even
           | though I'm a millennial. Seems like I should but I was more
           | into post grunge music.
        
             | lenerdenator wrote:
             | > Agreed. Cobain, for example, just struggled with fame,
             | drug issues, stomach pain, regardless of his dealings with
             | the record labels.
             | 
             | Steve Albini remarked that during the In Utero sessions, he
             | ignored everyone but the band and that everyone associated
             | with Nirvana were "the biggest pieces of shit I ever met."
             | [0]
             | 
             | There was absolutely massive pressure on Cobain to produce
             | for his contract, and that greatly exacerbated a number of
             | the issues you listed.
             | 
             | Seems like a guy who should have been given some time off
             | from his contract. Same with Winehouse; ultimately both
             | were a commodity for their labels to package and sell and
             | the problems that they were showing in their behavior were
             | ultimately their own to deal with.
             | 
             | [0]https://en.wikipedia.org/wiki/In_Utero#cite_ref-26
        
         | nonrandomstring wrote:
         | On the other hand, institutions from science and technology,
         | wireless communications, radio and phonograph, made all of
         | these recordings possible. Just sayin. So nil-nil at half-time
         | for the argument against "bare" institutions? Or are you saying
         | _all_ "institutions" are inherently monstrous?
        
           | lenerdenator wrote:
           | I didn't say they were monstrous.
           | 
           | I said they don't regret.
           | 
           | Now you can argue that's psychopathic, which is often
           | synonymous with monstrous, but I wouldn't call them
           | psychopathic, either, because a _person_ is psychopathic. A
           | group of people, an institution, cannot be.
           | 
           | Now, the systems that these institutions exist within are
           | often heavily influenced by psychopaths looking to leverage
           | situations for their own maximum benefit, often at the
           | expense of other humans, but the institutions themselves,
           | they're amoral.
        
             | nonrandomstring wrote:
             | I agree with much of that. Corporate "identity" and
             | "ethics" is a nonsense - mostly conjured up by types who
             | like to hide their malfeasance in a crowd. But there is
             | such a thing as group psychology [0]. And many fascinating
             | ways in which groups exhibit memory and latent intent.
             | 
             | My objection is to vague attacks on all and any
             | "institutions". Yes, most of them are corrupt and broken
             | now. But that doesn't preclude the belief we can build good
             | institutions, and should keep trying.
             | 
             | [0] https://en.wikipedia.org/wiki/Group_dynamics
        
         | qoez wrote:
         | Bothers me generally that journalists anthropomorphize
         | companies ("company X worried by...", "will regret...").
         | Companies are totally emotionless entities only living to
         | maximize profit.
        
           | psychoslave wrote:
           | And so is internet archive. And laws. And juristic
           | institutions. There is no emotion or individual human
           | interest in our fully rational processes, move along, you
           | mere mortal.
        
             | bunderbunder wrote:
             | I doubt that's what parent was getting at. Probably
             | something more along the lines of the central thesis of the
             | book _Essence of Decision_ by Graham T. Allison.
             | 
             | The gist of the book is that organizational behavior never
             | makes sense if you anthropomorphize it as if it were a
             | single entity with its own goals and motivations. Nor does
             | it make sense if you think of it as a corporate machine
             | that behaves mechanistically. It really is a bunch of
             | individual humans with their own goals and motives
             | interacting within a bureaucratic structure.
             | 
             | It's a pretty interesting book because its ideas actually
             | got a pretty decent test. He used the Cuban missle crisis
             | to evaluate these three theories of organizational
             | behavior, and showed how publicly knowable facts didn't
             | make sense under the first two models. He then showed that
             | the third model fit them better, and went on to make some
             | hypotheses about what really happened that couldn't be
             | verified at the time. Decades later the relevant
             | information was declassified and it turned out that, while
             | many of his guesses were incorrect, an impressive number of
             | them were spot on.
        
           | NoMoreNicksLeft wrote:
           | >that journalists anthropomorphize companies
           | 
           | Because companies are composed of individual tapeworms
           | working towards a common goal?
           | 
           | >Companies are totally emotionless entities
           | 
           | You speak as if they're evil spirits. They're made up of
           | people. They're very emotional, you just get to see all the
           | worst emotions manifesting at the most inappropriate times.
        
         | quickthrowman wrote:
         | Geffen didn't shoot heroin into Kurt Cobain's arm and Island
         | Records didn't pour a 1.75L of whiskey down Amy Winehouse's
         | throat every day.
         | 
         | Kurt and Amy did that to themselves.
         | 
         | FWIW, I am a former heroin addict and alcoholic.
         | 
         | If you want an actual honest take on what's fucked up about the
         | music industry, Steve Albini covers it well in this essay:
         | https://thebaffler.com/salvos/the-problem-with-music
        
           | lenerdenator wrote:
           | They didn't, but at a certain point, one should realize that
           | it's better for the artists (and thus, arguably, the long-
           | term investment the label has made into their careers) to not
           | have their problems made worse by commoditization.
        
             | aerostable_slug wrote:
             | Her management notoriously tried to get Winehouse to stay
             | alive and keep making music. She made a song about it [0].
             | 
             | I think simply getting a paycheck was quite a contribution
             | to these artists' demise. Though he managed to not die
             | directly as a result of the heroin that consumed his
             | existence, the late Matt Dike autobiographically remarked
             | (paraphrasing here) that the worst thing in the world for a
             | junkie was unlimited resources.
             | 
             | 0: https://en.wikipedia.org/wiki/Rehab_(Amy_Winehouse_song)
        
             | quickthrowman wrote:
             | You can't force someone to stop shooting heroin or drinking
             | excessively. They were addicts before show business, the
             | money just made it easier to maintain an addiction. I
             | would've never quit heroin or alcohol if I had virtually
             | unlimited resources to acquire more drugs.
        
       | DannyBee wrote:
       | They clarify they mean they think they will regret it
       | historically in the sense of losing that part of history, rather
       | than monetarily, etc.
       | 
       | But to me this is like arguing a swarm of locusts are going to
       | one day regret that they destroyed so many fields of crops.
        
         | dylan604 wrote:
         | Doesn't the use of the word regret imply that they care?
        
           | quuxplusone wrote:
           | Right, OP is saying (and I came here to agree) that the
           | writer's use of the word "regret" was just clickbait --
           | there's no actual regret predicted to take place except to
           | music historians and the few ordinary people who know what
           | they missed out on. Even the historian quoted says he's using
           | the word "regret" metaphorically:
           | 
           | > "They're going to regret it," Seubert predicted. "Not
           | financially or anything, but just from a historical
           | perspective."
           | 
           | Music execs are in the business of selling music. The less
           | music is available in the wild, the better for them.
        
         | cheeseomlit wrote:
         | Exactly, classic case of anthropomorphising a lawnmower. A
         | thought like this would never occur to a record label exec
        
         | racl101 wrote:
         | Highly doubt it. Seems far fetched for a soulless entity to
         | care.
        
         | agentultra wrote:
         | You're right. They might regret it financially if they could
         | plan past their next meal. In the case of locusts it results in
         | their decline.
         | 
         | Music industry has been... not great with licensing and
         | archives. There are recordings of Lightning Hopkins that only
         | exist because of the Smithsonian Archives. And there are re-
         | issues of that music today that only exist because of
         | independent labels sourcing from those archives.
         | 
         | If the music industry had had its way they would have been done
         | with Hopkins years ago and his music would have been forgotten,
         | having moved on to the next crop.
         | 
         | Books are good at republishing. Film has been decent at it but
         | suffer from licensing issues. Video games are probably the
         | worst at archiving and maintaining access to libraries of prior
         | art.
         | 
         | Locusts. Good analogy.
        
           | CuriouslyC wrote:
           | In defense of video games, in a lot of cases technology has
           | churned so much that it's prohibitive to maintain older
           | games, and in general besides the 16 bit aesthetic people are
           | so put off by the look of older games they tend not to get as
           | engaged.
           | 
           | AI will improve this situation on the graphics side, perhaps
           | with some sort of game container that emulates older
           | environments well (Proton, anyone?) we'll see more re-
           | releases.
        
             | Dylan16807 wrote:
             | Games that old are super easy to archive on a technical
             | level. Take the 4MB or less and save it somewhere.
             | 
             | And "sell small files for $1 or $5 without spending much
             | money to set up the store" is a solved problem.
        
             | sitkack wrote:
             | Sorry, but you are just talking. The problem with video
             | game preservation is that the IA isn't able to get the same
             | library exemption that they got from the Library of
             | Congress for archiving. The LoC doesn't yet consider video
             | games an artform that can be preserved in the same way as
             | books and other media.
             | 
             | There are thousands of folks that both want and want to do
             | this work.
        
               | ghaff wrote:
               | >the same library exemption
               | 
               | Reference please? Genuine question. As far as I know,
               | libraries have very little in the way of special
               | privileges outside of some specific rights in the analog
               | realm which don't really apply in digital where first
               | sale doctrine also doesn't apply.
        
               | phonon wrote:
               | https://www.copyright.gov/1201/2024/
        
               | ghaff wrote:
               | I see nothing in there giving a carte blanche to
               | libraries, however they care to define themselves, to
               | have any generalized exemption from copyright law.
        
             | Majora320 wrote:
             | How does AI have anything to do with this? Are you just
             | talking about emulators? Those already exist, and the main
             | opposition to them is the companies that own the IP. Many
             | companies would rather let games languish than let their
             | community do the "prohibitive" work to maintain those games
             | for free.
        
             | the_af wrote:
             | > _and in general besides the 16 bit aesthetic people are
             | so put off by the look of older games they tend not to get
             | as engaged._
             | 
             | It's not about what people find pleasing today, it's about
             | archiving and preserving an important part of our (digital)
             | history. Videogames of the past were a big thing.
             | 
             | And videogames, much like music, must be playable to be
             | truly preserved.
             | 
             | Imagine someone going "I don't get why it's worth
             | preserving ancient Egyptian artifacts, people these days
             | don't enjoy that kind of thing anymore".
        
             | badsectoracula wrote:
             | > in general besides the 16 bit aesthetic people are so put
             | off by the look of older games they tend not to get as
             | engaged.
             | 
             | One of the most prolific indie developers of recent years
             | (David Szymanski) has basically all of his games looking
             | like they came out of PS1/early 3D accelerator days. And he
             | isn't alone, there are many games that have midlate 90s /
             | very early 2000s looks. There are also a _ton_ of horror
             | games that use exaggerated PS1-styled graphics with bit
             | crunched filtering, strong dithering effects, etc (wobbly
             | low poly environments where you can barely make out what
             | you are looking at are giving horror vibes basically for
             | free :-P).
             | 
             | This is something i've been saying for a long time now: if
             | you can point at a game and say "this looks like a
             | PS1/PS2/3/4/5/NES/SNES/DOS/Win95/etc game" then this means
             | there are enough visual characteristics to _define_ such
             | games and thus you are really pointing at a _visual style_
             | - something that people will use at some point in the
             | future even when the technical limitations that birthed the
             | style aren 't there anymore (which means that some games
             | may give the _feel_ of that style but not really be bound
             | by the actual limitations).
        
           | ysofunny wrote:
           | shout out for the house of the underdogs!
           | 
           | anybody else remember abandonware games??
        
             | the_af wrote:
             | Home of the Underdogs, or HOTU.
             | 
             | I was active in their forums back in 2004. I still remember
             | all the fuss when the admin/owner (going by nickname
             | Underdogs) was "outed" to be a woman (she helped out
             | herself, it wasn't a hostile thing). 2004 was a time when
             | people could still be surprised that a woman was leading a
             | major online project... wow. The past is indeed "a foreign
             | country"!
        
             | agentultra wrote:
             | Pepper Ridge Farms remembers.
        
         | wmil wrote:
         | My favourite example of this is that for Babylon 5 the lawyers
         | from Warner Bros insisted that the showrunners not retain any
         | copies of the digital models because they were WB property and
         | WB would archive them.
         | 
         | When they started working on B5 The Lost Tales, WB had lost all
         | of the digital files.
        
           | yapyap wrote:
           | Truly and authentically lost tales
        
           | walterbell wrote:
           | It's sad when requests to official and unofficial archives
           | are lost.
        
           | quitit wrote:
           | This is also a common side effect of corporate policies that
           | favour short term profits rather than retaining staff for the
           | long term.
           | 
           | I see this scenario play out _constantly_ :
           | 
           | 1. A team or staff member has a project's data located on
           | their user account or hardware.
           | 
           | 2. The team or staff member are made redundant when there is
           | a dip in earnings.
           | 
           | 3. IT make a backup of the user account/s and wipe the
           | hardware, and because it's older usually move it on.
           | 
           | 4. Months or years later that data is needed and at this
           | point no one at the company actually knows where the data is
           | - and even if they find something, they don't know if that's
           | the latest or the full version.
           | 
           | Now this wouldn't be a problem if there was a decent overlap
           | in staff retention, but that simply isn't the case these
           | days.
           | 
           | Writing better storage policies doesn't help - it's the
           | understaffed nature of their businesses which mean that there
           | is no time for staff to keep up with basic data housekeeping.
           | 
           | The types of data that clients should have on hand, but
           | nevertheless have asked me to supply, are frankly
           | embarrassing.
        
             | NERD_ALERT wrote:
             | What company is allowing employees to have so much data
             | locally? Almost all work is stored in a cloud now.
             | Documents, spreadsheets, design docs, code... If you really
             | are constantly seeing this then that says a lot about the
             | corporation using severely outdated practices.
        
               | LoganDark wrote:
               | > If you really are constantly seeing this then that says
               | a lot about the corporation using severely outdated
               | practices.
               | 
               | They probably just used _now_ -outdated practices _before
               | those practices were outdated_. This happened in the
               | past, remember. Sure, the cloud is a thing today, but was
               | the cloud such a thing 5, 10, 20 years ago? Do you really
               | think it 's their fault for not knowing in advance how
               | much of a thing the cloud would one day become? Oh, how
               | outdated. Sheesh.
        
               | dgfitz wrote:
               | Nope. I'll not list off all the DVCS implementations that
               | existed 20 years ago, you should look it up. That is not
               | an excuse.
        
               | codetrotter wrote:
               | Ah yes, git and mercurial - the perfect place to save 3TB
               | of binary data that changes weekly.
        
               | LoganDark wrote:
               | You know tech savvy was not really a thing back then for
               | the everyday uneducated person, right? You kind of had to
               | have been a geek to have known this stuff. There are a
               | number of dead-simple cloud solutions today, but you
               | cannot just scold, say, WB for not using a company cloud
               | back in _checks Wikipedia_ 1993!
        
               | mulmen wrote:
               | Ok but preserving media seems like a thing _Warner
               | Brothers_ should be really good at. Why did Warner
               | Brothers have an everyday uneducated person in charge of
               | archival?
        
               | LoganDark wrote:
               | Why would an archivist back then happen to know computers
               | that intimately? I'd be surprised if the average
               | archivist knew much more than how to do data entry... and
               | I wouldn't even hold it against them if they happened
               | _not_ to know how to do data entry.
        
               | mulmen wrote:
               | 20 years ago is 7 years after the show ended. I looked it
               | up.
        
               | thaumasiotes wrote:
               | > Sure, the cloud is a thing today, but was the cloud
               | such a thing 5, 10, 20 years ago?
               | 
               | Yes, yes, and no.
               | 
               | For example,
               | https://www.explainxkcd.com/wiki/index.php/908:_The_Cloud
               | is from 2011.
        
               | LoganDark wrote:
               | The Onion also made some pretty good cloud parodies back
               | in 2012: https://youtu.be/9ntPxdWAWq8
               | 
               | Old animation though I wouldn't necessarily expect to
               | only have been 10 years ago, and 10 years ago I wouldn't
               | expect to be scolded for not using the cloud.
        
               | soco wrote:
               | I would think policies should also be updated every X
               | years in light of new regulations, new possibilities, new
               | limitations... but who enjoys policies and even updating
               | them? So here we are, everything done "by the book" and
               | losing data because of that.
        
               | lazyasciiart wrote:
               | > located on their user account or hardware
               | 
               | Clouds have user accounts too. I have seen dead links to
               | documents in a former employees space on sharepoint,
               | confluence, and google docs.
        
               | cogman10 wrote:
               | Exactly. In fact, I still regularly get sharepoint
               | "request for access" notifications in my email for some
               | presentation I did a year ago. Even though I swear I've
               | opened it up to the entire org.
               | 
               | Who knows what happens when I've shuffled away from my
               | current company.
               | 
               | Dead links are also incredibly common, particularly
               | because we are on our nth port from sharepoint to
               | confluence to whatever back to sharepoint. Generally,
               | because C levels don't want to pay for this year's price
               | hike.
        
               | lrem wrote:
               | Why locally? In practice many companies never lose any
               | data. What they lose is the knowledge what the data is
               | and/or how to use it.
        
               | windward wrote:
               | Any company where you're not allowed to force-push to a
               | public branch.
        
               | mattl wrote:
               | Local git repo checkouts?
        
             | btrettel wrote:
             | There's been discussion on HN of "smuggling" the lost
             | information back into the organization:
             | https://news.ycombinator.com/item?id=42235452
        
             | lizard wrote:
             | When I get frustrated enough to consider putting a kill
             | switch in my work, I cool off by reminding myself that
             | would prompt them to make a huge effort recovering from
             | backups and have someone go through my code to get it
             | working again. If I just do what they ask me instead, it
             | will slowly decay without anyone having any idea what it
             | even does, until its too late to fix or recover anything.
        
           | 7thaccount wrote:
           | Someone also redid all the ships from scratch I think in
           | modern software and has to get rid of it due to WB.
           | 
           | I still think B5 ships are some of the best in all of Scifi.
        
             | ndsipa_pomu wrote:
             | I'm a big fan of the Vorlon ships, but I think The Expanse
             | has the best space battles.
             | 
             | (I also like the Lexx spaceship, though the series was
             | somewhat of a mess)
        
               | 7thaccount wrote:
               | Expanse battles were far more realistic of course. The B5
               | Star Fury combat scenes were pretty ground breaking for
               | the time though.
               | 
               | Expanse ships (at least where I'm at in the book series
               | and show - kind of early) are a lot closer to current
               | human tech of course. In B5 humanity had tech that was
               | mostly believable (still used rotating mass for gravity),
               | but you got to see some very unique looking ships from
               | the other species like the Minbari and Shadows that truly
               | looked alien and unsettling.
        
               | ndsipa_pomu wrote:
               | Back in the day, I was proud of how they'd used Amigas to
               | render the B5 graphics as I also was an Amiga user.
        
         | 09thn34v wrote:
         | first hn comment i've ever laughed at. lmao. well said
        
         | kjellsbells wrote:
         | There are three types of loss: destruction, discoverability,
         | and synthesis.
         | 
         | Destruction is the one most people think of. The last tape is
         | destroyed, or someone nukes everything in S3. Policies normally
         | save this from happening, bit not always. (I note that lawyers
         | are pretty good at saving things because of discovery, so
         | perhaps corporations should sue themselves more often /s)
         | 
         | Discoverability is when the data is there, but noone knows
         | where it is. This is your classic corpo Sharepoint/teams/slack
         | problem. There was a chat, once, with some shared files, from
         | their onedrive, but the last person who remembered where was
         | laid off a year ago and...well, that data is effectively lost.
         | I dont think we have great solutions here except writing even
         | more things down and hoping that everyone follows rules like
         | keeping all files in one place
         | 
         | The last case is where the data is located, but noone can vouch
         | for it any more. Internal wiki pages are notorious here. People
         | post about, say, some sharp edge they uncovered, and the page
         | sits there for all eternity. You discover it years later. Can
         | you trust it? Is there anyone who knows why the page still
         | exists? It blocks the synthesis of what you know with what the
         | author knew.
        
       | 6stringmerc wrote:
       | Again I'm incredulous by the perspective shared by Ars Technica
       | (often trumpeted by TechDirt) that "what is going on is not how
       | copyright SHOULD work" while giving no reasonable consideration
       | to how legally legitimate cases like this are from a standpoint
       | are in US copyright cases.
       | 
       | I get the desire to FIX copyright in the US, I stand to benefit
       | and so does society and creative progress. But these
       | sensationalist writers are the lowest form of clickbait by simply
       | taking a victimization position and digging in (re: TechDirt and
       | Goldiblox absolutely being in the wrong for ripping off the
       | Beastie Boys for a Super Bowl ad).
        
         | wavefunction wrote:
         | 700 million dollars in damages with no actual damages shown
         | it's absolutely ridiculous
        
           | freejazz wrote:
           | That's not really a substantive analysis of the issue, which
           | I agree with the OP that these articles never really address
           | fully.
        
           | badlibrarian wrote:
           | Right, but that's how a lawsuit works. You take the number it
           | says in the book, multiply it by the number of allegations,
           | and you get a number. You have to write this number down in
           | your filing, then Ars Technica uses it for clickbait.
           | 
           | Murder 18 people and you can go to jail for 720 years.
           | Doesn't mean squat. It's the 18 murders not the 720 years.
           | 
           | Likewise the $700 million number isn't important. What's
           | important is the 400,000 copyright violations with no
           | strategy, when even Lessig says you're gonna get sued and
           | lose.
        
         | techsupporter wrote:
         | I'm not sure what your criticism is?
         | 
         | Ars is reporting on a legal case and also on people who say
         | they will be harmed by that case. The reporter then goes on to
         | detail the policy work that groups are doing to try to change
         | copyright laws in the country.
         | 
         | What else would you like to see? A legal analysis of the
         | strengths and weaknesses of the case?
        
           | joshuaissac wrote:
           | > What else would you like to see? A legal analysis of the
           | strengths and weaknesses of the case?
           | 
           | Exactly.
           | 
           | What are the facts of the case according to the plaintiff?
           | What are the points of law being relied on?
           | 
           | Does the IA dispute the plaintiff's version of the facts and
           | the interpretation of the law? If so, what points are they
           | disputing?
           | 
           | If there have been similar cases, how did those cases go, and
           | how were they different to this case?
        
       | coliveira wrote:
       | Until recently I'd say that the record labels accusations were
       | unwarranted and they should stop. However I've noticed that free
       | projects have the tendency to become for profit corporations and
       | exploit the good will that started the project. An example is
       | Open AI. Another example is how Google monetizes and monopolizes
       | free and public information.
        
         | linuxhansl wrote:
         | I fail to see what bearing the actions of other projects have
         | on what the IA might or might not do.
         | 
         | So far the IA is providing an important service: Insuring the
         | historical data is not lost. Until this actually changes there
         | is no need to go after it, in fact it hurts us all.
        
         | freedomben wrote:
         | Are you implying we should pre-emptively abandon support for IA
         | now and let them die just in case at some point in the future
         | they were to go evil?
        
         | bryanrasmussen wrote:
         | >However I've noticed that free projects have the tendency to
         | become for profit corporations
         | 
         | I would say that for a non-profit project to become a for
         | profit entity, legally speaking, is rare. I believe Google was
         | always for profit? I welcome any statistics you have to back up
         | the assertion.
        
         | tracker1 wrote:
         | So shut down a good org today, in favor of bad orgs today,
         | because good org might be bad in the future?
        
       | kazinator wrote:
       | Labels will not regret recordings being lost, because it's just
       | asshole executives who only care about money.
       | 
       | The hapless sound historian is just projecting his own bellyaches
       | onto other people that are completely different from him.
        
         | pessimizer wrote:
         | Middle-class people are taught (,and teach each other, and
         | repeat to themselves in their journals) that the only
         | successful labor is labor that is loved.
         | 
         | For them, the heads of record labels have to care, because they
         | are the most successful people in their industry, and they
         | wouldn't be so successful unless they loved the work. In
         | middle-class theology, becoming successful is a matter of
         | loving harder than the guy next to you. It takes a lot of mind
         | games to motivate people to extreme expertise in often very
         | narrow specializations, especially when it's usually to make
         | someone else rich.
        
         | sitkack wrote:
         | The CEO of HBO Max, https://en.wikipedia.org/wiki/David_Zaslav
         | destroys works of art to get tax handouts from the american
         | people. Yes, American Tax Payers, pay David Zaslav money to
         | destroy works of art already created.
        
           | kazinator wrote:
           | Interesting. I made a remark in my above comment which I
           | ending up editing out, that if someone gave these execs a wad
           | of cash for deleting something, they would.
        
           | badlibrarian wrote:
           | Or, more nuanced: HBO pays artists and writers and
           | electricians $50 million to make something. It turns out to
           | be unmarketable. So rather than throw good money after bad,
           | he writes it off. Then uses the tax savings to hire artists
           | and writers and electricians to make a different thing.
           | 
           | It's wasteful and I don't like his decisions but it's not
           | much different from what VCs do with their expenditures.
           | 
           | In neither case do American Tax Payers foot the bill.
           | 
           | Zaslav could write it off and still dump it on YouTube. And
           | VCs could open source all the Ruby code they bought between
           | 2006 and 2016. But there's reasons they don't.
        
             | sitkack wrote:
             | False. They had animated shows already being streamed on
             | HBO Max that they pulled and fully wrote off. They can
             | never be accessed again. Should be considered fully
             | destroyed.
        
               | badlibrarian wrote:
               | That's different. Impairment is the same as Goodwill.
               | Taxpayers are unaffected.
               | 
               | And I think we both know quite well that the stuff that
               | was aired still exists.
        
               | sitkack wrote:
               | I can see you are passionate about this. Tax writeoffs
               | are paid for by the taxpayers.
        
               | badlibrarian wrote:
               | Tax writeoffs by definition are taxpayers paying less. It
               | reduces tax revenue and reduces the average tax paid by
               | everyone. When your neighbor writes off their mortgage
               | interest it does not raise your taxes.
               | 
               | If you don't like certain policies around tax deductions
               | then argue that. I might even agree with you.
        
               | sitkack wrote:
               | Why are you passionate about HBO Max using the
               | destruction of artwork already produced to lower their
               | tax bill? Many of which they _bought_.
        
               | badlibrarian wrote:
               | Six <ul> tags upstream I all but said that HBO Max guy is
               | an idiot. I'm personally pissed at the ACME thing. But it
               | didn't increase your tax burden.
        
               | nerdponx wrote:
               | Fraudulently reducing tax revenue by 1 entity/individual
               | effectively shifts the burden of taxation to everyone
               | else who is not willing or able to commit the same fraud.
               | At the macro level, this adds up to billions more dollars
               | every year in the unmanageable and unmanageably-growing
               | federal debt. The US federal government plans to spend
               | 16% of its total spending simply on paying interest on
               | its debt: https://fiscaldata.treasury.gov/americas-
               | finance-guide/natio...
               | 
               | So-called fiscal conservatives should be howling in
               | Congress about this kind of thing. (Narrator: they
               | aren't.)
        
               | badlibrarian wrote:
               | It may be bad policy but it's not fraudulent.
               | 
               | Running a deficit can be profitable long term -- or not.
               | It depends on how the funds are allocated. Ask Bezos.
               | 
               | Likewise a tax writeoff can increase tax revenue over the
               | long term -- or not. It depends how the tax savings are
               | applied. Ask the employees who still have their jobs.
               | 
               | Regardless, a media company struggling to breakeven with
               | cartoon coyotes may not be the best starting point for an
               | economics debate.
        
               | nerdponx wrote:
               | It's fraudulent in the sense that it's a fake loss, as
               | you say created by clever accounting.
        
               | badlibrarian wrote:
               | That's not what I said. For avoidance of doubt, allow me
               | to rephrase the concept in the local language: paying a
               | bunch of artists and engineers to build an app that
               | generates minimal revenue, pulling it from the app store,
               | then writing off the loss, is neither clever nor
               | fraudulent.
        
               | nerdponx wrote:
               | Right, I get what you said.
               | 
               | I am arguing that it is in fact a fraud perpetrated
               | against the taxpayer, even if it's not legally
               | categorized as "fraud" at this time.
        
               | badlibrarian wrote:
               | Why is writing off a loss fraudulent? This very website
               | is funded by such actions.
        
           | bigtimesink wrote:
           | Are you talking about Coyote Vs. Acme?
        
           | m463 wrote:
           | He needs to be introduced to NFT art.
        
       | ilamont wrote:
       | _" The Internet Archive is not hurting the revenue of the
       | recording industry at all," Seubert suggested, while noting that
       | his opinions don't "mean squat" since he's not a lawyer. "It has
       | no impact on their revenue." Instead, he suspects that labels'
       | lawsuit is "somehow vindictive," because the labels perhaps
       | "don't like the Internet Archive's way of pushing the envelope on
       | copyright and fair use."_
       | 
       | Record companies, artists and other rights holders are not
       | pursuing lawsuits because they are "somehow vindictive" or want
       | to send a message.
       | 
       | Lawsuits are huge, expensive headaches that force the plaintiffs
       | to not only take a public stance on sensitive issues, but also
       | force them to reveal details about their operations,
       | communications, and business relationships. Like anyone else who
       | goes through the trouble of pursuing a case on IP grounds, they
       | feel their rights have been violated and they want redress.
       | 
       | They're also looking at this as part of a long-term fight over
       | how IP gets used, just as the Internet Archive is.
        
         | dchichkov wrote:
         | Just in case, here's the list of these labels:
         | 
         | - UMG Recordings, Inc.
         | 
         | - Capitol Records, LLC
         | 
         | - Concord Bicycle Assets, LLC
         | 
         | - CMGI Recorded Music Assets LLC
         | 
         | - Sony Music Entertainment
         | 
         | - Arista Music
         | 
         | Taken from: https://cdn.arstechnica.net/wp-
         | content/uploads/2025/03/UMG-v...
        
         | lurk2 wrote:
         | I think his point is that the damages they are seeking are
         | basically punitive, not related to actual losses that they have
         | suffered. I doubt anyone is losing too much sleep over this
         | issue, but the approach the record labels are taking seems like
         | it is clearly intended to dissuade others from doing anything
         | similar to what the Internet Archive is trying to do. The RIAA
         | has a track record of these kinds of punitive measures; think
         | of the music piracy lawsuits they were filing in the mid-2000s.
        
           | freejazz wrote:
           | But that's exactly what the copyright act provides for...
           | statutory damages not tied to the actual damages lost by the
           | copyright owner, and they are only available in limited
           | circumstances. And statutory damages still have to be tied to
           | something tangible, like the lost license fee, and they do
           | explicitly allow for a jury to add a punitive element.
           | 
           | >The RIAA has a track record of these kinds of punitive
           | measures; think of the music piracy lawsuits they were filing
           | in the mid-2000s.
           | 
           | How were those punitive as opposed to not? Should they have
           | not sued at all and just let the infringers continue?
        
             | lurk2 wrote:
             | > How were those punitive as opposed to not? Should they
             | have not sued at all and just let the infringers continue?
             | 
             | In Arista Records LLC v. Lime Group LLC, they tried to sue
             | for more money than existed on earth. I'm not saying they
             | didn't have a case against individual cases of
             | infringement, but it was quite clear what they were doing
             | while they were doing it. The goal was always to intimidate
             | would-be pirates with high-profile cases about grandmas and
             | teenagers losing the family house because they downloaded
             | an MP3 off Kazaa. The damages the RIAA sought from these
             | people were completely disproportionate to the actual
             | financial losses they demonstrated, to the point of being
             | unconscionable. It's notable that they eventually abandoned
             | this strategy by the end of the 2000s as public opinion
             | began turning against them.
             | 
             | Weird Al wrote a song about it:
             | https://www.youtube.com/watch?v=zGM8PT1eAvY
        
               | freejazz wrote:
               | There's pretty much no way any court ever gives any
               | copyright holder the maximum amount allowed under
               | statutory damages, which is only trebled to the
               | possibility of $150k when the infringement was willful. I
               | love Weird Al, but I don't go to him for legal advice or
               | analysis!
        
               | lurk2 wrote:
               | Maybe the United States District Court for the Southern
               | District of New York will convince you where Weird Al
               | could not:
               | 
               | > Defendants face a potential award of over a billion
               | dollars in statutory damages alone. If Plaintiffs were
               | able to pursue a statutory damage theory predicated on
               | the number of direct infringers per work, Defendants'
               | damages could reach into the trillions. See Dkt Entry No.
               | 461 ("Thousands (or even millions) of uploads and
               | downloads occurred across disparate users.") 3 As
               | Defendants note, Plaintiffs are suggesting an award that
               | is "more money than the entire music recording industry
               | has made since Edison's invention of the phonograph in
               | 1877."
        
               | freejazz wrote:
               | I'm not sure how this is actually a response to my
               | comment. I'm an IP litigator, asserting max statutory
               | damages is something every attorney does at the outset
               | otherwise they'd be waiving that recovery. It's really
               | not the big deal you make it out to be, and nothing in
               | your quote supports that either. Do you think a court is
               | actually going to award more money than the entire world?
               | No. So what are you going on about, really?
        
               | lurk2 wrote:
               | > asserting max statutory damages is something every
               | attorney does at the outset otherwise they'd be waiving
               | that recovery
               | 
               | Meaning that they could not have asked for a lower amount
               | without waiving their rights to _all_ statutory damages?
               | What it sounds like you 're saying is that this was just
               | a fluke of the lawyers who drafted the brief abiding by
               | an industry standard that ended up producing an odd
               | result. This seems incredibly unlikely.
        
         | pessimizer wrote:
         | > Record companies, artists and other rights holders are not
         | pursuing lawsuits because they are "somehow vindictive" or want
         | to send a message.
         | 
         | > They're also looking at this as part of a long-term fight
         | over how IP gets used, just as the Internet Archive is.
         | 
         | Part of the fight is sending messages. Almost all of the fight
         | is sending messages, actually. It's lobbying government,
         | arguing in the courts, lobbying people in general, and creating
         | fear in people who would share their works.
         | 
         | "Somehow vindictive" is just anthropomorphizing. They want the
         | most money. They think that these are the tactics that will
         | bring them the most money. If letting everybody share freely
         | made them more money, they'd do that.
        
       | throwawayyK0va wrote:
       | Just brainstorming a bit, if IA is gone, how can we lawsuit-proof
       | that the next digital Library of Alexandria? Do we have the
       | technology for this?
       | 
       | - IPFS over some type of dark net protocol?
       | 
       | - Can something like Chia help? I don't know about its privacy
       | characteristics.
        
         | freejazz wrote:
         | Start might be not violating copyright law and staying within
         | the boundaries of established fair use principles. IA is
         | constantly trying to push the law on these issues, for better
         | or worse, and putting the entirety of its operations at risk.
        
         | NoMoreNicksLeft wrote:
         | >IPFS over some type of dark net protocol?
         | 
         | Silk Road is a good example of what will happen. Some media
         | mogul will eventually cajole the government into acting. The
         | government will go to the NSA, find the true identities of
         | those responsible, then cook up nonsense about how they gave
         | away their identities due to some weird Stack Overflow question
         | no one could ever notice. The US Attorney will prosecute, and
         | claim that it's a felony because of economic benefit, even if
         | no money was exchanged. The culprits will end up in supermax.
         | They can't afford to do this to everyone, obviously, but
         | they'll pick up to 100 or so of a mix of the worst offenders
         | and the most casual users, to "set an example". The media will
         | publicize it to the point of absurdity so the message sinks in.
        
           | SpaceManNabs wrote:
           | > then cook up nonsense about how they gave away their
           | identities due to some weird Stack Overflow question no one
           | could ever notice
           | 
           | In case people don't understand why the government can do
           | this, it is called parallel construction and the SCOTUS
           | deemed it constitutional.
           | 
           | Btw this comment is not me approving this behavior. And that
           | last sentence was not a hint of me approving that behavior in
           | secret :). Those last two sentences are a hint of what I
           | think about the scotus on this topic though :)
        
           | throwawayyK0va wrote:
           | There are other countries in the world, in fact, that's where
           | most of these digital libraries of Alexandria have been
           | hosted. That's why I framed it as a technical question,
           | because while any government may decide to combat it, it is
           | unlikely that all of them will. Given the ongoing collapse of
           | the US-led unipolar world order, the reach of US law
           | enforcement will only shrink in the coming years.
        
             | NoMoreNicksLeft wrote:
             | >There are other countries in the world,
             | 
             | I believe the owner of Kickass Torrents was either in
             | Ukraine or Poland, can't remember anymore. Didn't save that
             | one. Kim Dotcom was in New Zealand, and the crime he was
             | accused of committing in the United States (when he had
             | never stepped foot in the United States, and also a crime
             | that isn't extraditable under New Zealand law) he barely
             | managed to avoid being shipped off in chains.
             | 
             | That won't save anyone.
             | 
             | >Given the ongoing collapse of the US-led unipolar world
             | order,
             | 
             | I wouldn't recommend relying on the "collapse of American
             | hegemony" to save anyone. But especially not anyone you
             | care about (like maybe yourself).
        
         | TylerE wrote:
         | By not hiring dumb people who flagrantly and obviously violate
         | the law.
        
           | dredmorbius wrote:
           | Appeasement has done nil against copyright absolutists.
        
             | TylerE wrote:
             | It getting sued out of existence is not appeasement. It's
             | literally following the law. That is how non profits that
             | wish to continue to operate do things.
        
               | dredmorbius wrote:
               | What alternatives to legal actions / the judiciary do you
               | suggest for copyright reform?
               | 
               | The legislative approach is thwarted by the copyright
               | lobby. The executive has neither will, interest, nor
               | power.
        
               | TylerE wrote:
               | The mission of the Internet Archive should not be
               | "copyright reform" but maintaining the continued
               | availability of data it is legally allowed to host.
        
         | boldlybold wrote:
         | Anna's Archive is on the path to this, for written works at
         | least. The main idea is open source code + distributed data in
         | torrents + anonymous contributors that are dedicated to the
         | project.
         | 
         | https://annas-archive.li/blog
        
           | ed_mercer wrote:
           | Also MAM
        
             | boldlybold wrote:
             | That's a new acronym to me, what is it?
        
       | lurk2 wrote:
       | Some incredibly shallow takes in this thread, most of which seem
       | to be coming from people who didn't even read the article. The
       | quote in context:
       | 
       | > "They're going to regret it," Seubert predicted. "Not
       | financially or anything, but just from a historical perspective,
       | the Internet Archive is valuable for all of us."
       | 
       | This was not the central point of the article. He clearly is not
       | saying that "the legal entity Capitol Records will manifest
       | emotions and come to experience regret," but "the people who in
       | aggregate comprise Capitol Records will regret the role they
       | played in restricting access to these works," in the same way
       | that a game developer on Hacker News might regret having added
       | game-breaking DRM to a title he worked on twenty years ago, even
       | though this allowed him to earn a lot of money.
        
         | pessimizer wrote:
         | > "the people who in aggregate comprise Geffen Records will
         | regret the role they played in restricting access to these
         | works,"
         | 
         | Is this deep? What people in this thread are saying is that
         | they won't regret nor remember it, and whatever comfort you're
         | taking from thinking "in the end, after everything is ruined,
         | they'll realize I was right" is cheap and lazy.
         | 
         | Nobody needs anybody to point out that the loss of music is
         | bad. Nobody needs anyone to conjure fantasies of future
         | schadenfreude over the regret of record execs. People need
         | tactics and strategies to figure out how to stop this
         | destruction.
        
           | rolandog wrote:
           | I think it's good to publicly express our disapproval.
           | Because -- as we have sadly seen recently -- there will
           | always be a small group of apologists defending villains or
           | systematic oppressors:
           | 
           | (It's worth also considering that the group size does not
           | always correlate to its power or influence).
           | 
           | But you are totally correct that thought-terminating
           | expressions of Schadenfreude towards those who exert harm are
           | not enough.
        
           | lurk2 wrote:
           | > What people in this thread are saying is that they won't
           | regret nor remember it, and whatever comfort you're taking
           | from thinking "in the end, after everything is ruined,
           | they'll realize I was right" is cheap and lazy.
           | 
           | There are multiple users in this thread stating that the
           | label is a corporate entity designed to maximize profit and
           | that it thus cannot "feel" anything. This was obviously not
           | what was being stated.
           | 
           | As to those claiming that these individuals won't regret what
           | they have done: That may be true. But why does it happen with
           | developers? Because it happens a lot.
           | 
           | Neither I nor Seubert made this claim out of some pseudo-
           | religious self-reassurance that "One day, they'll all get
           | theirs!" but as a simple observation that these actions are
           | ill-advised. I don't know how you could read it any other way
           | without being intentionally obtuse.
           | 
           | > Nobody needs anybody to point out that the loss of music is
           | bad.
           | 
           | What you're essentially saying here is: "Your observation was
           | so obvious to me that it shouldn't have even been written
           | down, because everyone already knew it." This is obnoxious
           | and not in the spirit of the forum.
        
             | BriggyDwiggs42 wrote:
             | >There are multiple users in this thread stating that the
             | label is a corporate entity designed to maximize profit and
             | that it thus cannot "feel" anything.
             | 
             | The issue is the surrounding system and the corporate
             | environment are what raise people to be this way and filter
             | out those who are too sentimental. I don't think a good
             | majority of the people working there will ever feel bad
             | because they've been raised not to feel bad and given an
             | ideology that makes all that work in their head.
        
             | ToucanLoucan wrote:
             | > As to those claiming that these individuals won't regret
             | what they have done: That may be true. But why does it
             | happen with developers? Because it happens a lot.
             | 
             | Because Developers make games, and record execs make money.
             | I'm sure there are a handful out there who actually give a
             | shit about the art they make their money off of, but having
             | worked with many of these people for many years, I assure
             | you the vast majority are exactly as soulless as is
             | depicted in virtually every movie or TV show that involves
             | one, because the creatives behind those depictions have to
             | deal with those soul-sucking vampires all the time, and
             | they hate them. And the feeling there is very mutual, which
             | is why every executive is creaming themselves at the
             | prospect of being able to get rid of creatives and replace
             | them with "AI."
             | 
             | > Neither I nor Seubert made this claim out of some pseudo-
             | religious self-reassurance that "One day, they'll all get
             | theirs!" but as a simple observation that these actions are
             | ill-advised. I don't know how you could read it any other
             | way without being intentionally obtuse.
             | 
             | Because, as is outlined by the commenter, the notion of
             | "they'll regret this" is presupposing multiple bad
             | assumptions, namely that record executives give the
             | faintest shit about music beyond it's ability to make
             | number go up.
             | 
             | Oh no, Capital Records has a bad reputation. It will still
             | stream. Album sales will be unaffected because consumer
             | revolt has always been worthless as a tactic. What are they
             | regretting?
        
           | thayne wrote:
           | > Nobody needs anybody to point out that the loss of music is
           | bad
           | 
           | The people filing this suit obviously do.
        
         | fragmede wrote:
         | Are they? do you really think y'know what, reselling the
         | cracked pirate copy of my game from 20 years ago that instead
         | of my pristine version because I lost the source but I'm still
         | making money, and that 20 years ago, fundamentally, it _was_
         | really nice to be able to afford a roof over my head and
         | provide for my wife and kids; You really think there 's more
         | than a passing feeling of regret?
        
           | freejazz wrote:
           | I agree with you, it's an absurd suggestion offered with zero
           | reasoning.
        
           | lurk2 wrote:
           | DRM might have been a bad example, but it is one I've seen
           | before. Another story I see here often is that a developer
           | had an independent studio. The studio develops a game or an
           | application. As the game or application ages, the developer
           | sells it. The acquiring company goes defunct or discontinues
           | the sale of the program some time later, and the developer
           | wishes he would have just posted the source code for the
           | program.
           | 
           | I get what you're saying in that the revealed preference is
           | towards the "bad" behavior, but I think there is something to
           | be said for the capacity to feel regret being a necessary
           | precursor to discourage bad behavior from occurring in the
           | future. The thread seems to be divided between those who
           | believe the people working at these labels might have that
           | capacity and those who believe that these people are
           | essentially amoral monsters who are only concerned by the
           | perverse vaguery of "maximizing returns."
        
           | xnzakg wrote:
           | Something like this?
           | https://news.ycombinator.com/item?id=37394665
        
         | nerdponx wrote:
         | It's wishful thinking. These people know what they're doing and
         | won't regret it as they live out their days in comfort and
         | luxury.
        
       | badlibrarian wrote:
       | Internet Archive does not delete anything. Sometimes they leave
       | the "item" (URL) up and block downloads. Recently they have
       | started "darking" things en masse, which removes them from search
       | results.
       | 
       | A sane solution would be to leave the items up, block download of
       | the full file, and make excerpts available. They do this for many
       | items where you cannot download the mp3 yet the spectrogram (jpg
       | image) remains available.
       | 
       | Archive.org is at a crossroads and the people who manage it have
       | made some very curious decisions lately.
        
         | Miraste wrote:
         | >leave the items up, block download of the full file, and make
         | excerpts available.
         | 
         | This is what Google does with Google Books. I imagine the
         | Internet Archive is trying to avoid it because Books is no
         | longer a repository of works, it's a search index. If you find
         | a source you'd like to read, you're on your own to find a copy.
         | Large parts of their collection are out of print, and this can
         | be very difficult.
         | 
         | It's still a useful tool with those limitations, certainly, but
         | it's not an archive anymore.
        
           | badlibrarian wrote:
           | An archive is typically restricted access to avoid just the
           | sort of copyright problem we're seeing here. In the past,
           | this meant having to visit the materials onsite -- even if
           | you then just fired up a computer to look at them.
           | Universities liked this for a few reasons, and it fit in with
           | their typical gatekeeping nonsense as a bonus.
           | 
           | Exhibiting or publishing the work is different. Museums show
           | tiny thumbnails (though this is finally changing) and
           | libraries have their own rules, complete with weird little
           | signs around the copy machines that people used to take more
           | seriously. The lawsuit that set the rules for Google applies
           | here. Yes, it sucks and it's annoying to tech people, but if
           | the goal is preservation then it's obvious how things must be
           | run. And what you can get away with while you wait for rights
           | to expire or laws to change.
           | 
           | Providing excerpts to show what you have, then providing a
           | way for qualified researchers to access the full work has
           | been the tradition. Even for the 500,000+ books they had to
           | take down due to the lawsuit, those remain available for
           | people with print disabilities.
           | 
           | They even had an exemption for video games, but they forgot
           | to renew the paperwork and the Librarian of Congress removed
           | the exemption during the last triennial review. So we lost
           | freedom there due to sloppy administration by Internet
           | Archive.
        
             | Miraste wrote:
             | Yes, exactly. The Internet Archive was founded in direct
             | response to closed archives-being open is the entire point.
             | Their goal is _not_ preservation if it 's locked in a
             | vault- their mission statement is "to provide Universal
             | Access to All Knowledge."
             | 
             | Universal access to knowledge is illegal under the American
             | copyright regime, and it seems the people who run it have
             | decided to fight to the end rather than give up their
             | mission. It'll probably lead to the destruction of the
             | whole project, but I do find it admirable in a quixotic
             | way.
             | 
             | Do you have a link to them losing an exemption because of
             | paperwork? My understanding was that the Copyright Office
             | makes the sole determination on exemptions during triennial
             | reviews, and they blocked it last year due to the usual
             | regulatory capture and industry lobbying.
        
               | badlibrarian wrote:
               | If you review the history of the archive you will see
               | that their mission changed over time. They didn't even
               | ask for donations until they set the building on fire.
               | 
               | You can still find old help articles on the site where
               | qualified researchers are instructed to ask permission to
               | log into their Unix servers directly. Complete with
               | privacy rationalizations like "being able to see what
               | people are doing on the same computer is no different
               | than peeking over a shoulder in a reading room."
               | 
               | Early form 990s tell a very different mission. They
               | pivoted for a number of reasons, and I generally support
               | the mission. But you have to obey the law to protect the
               | assets. And if you want to press the law, you have to be
               | very smart about it. Like, oh, testing 10 records instead
               | of 400,000. And doing it under a different LLC so you
               | don't lose the Wayback Machine to some dumbass AI company
               | because you can't be bothered to keep track of how many
               | books you're lending out.
               | 
               | > Do you have a link to them losing an exemption because
               | of paperwork?
               | 
               | https://www.arl.org/news/librarian-of-congress-expands-
               | dmca-...
               | 
               | "The librarian renewed all existing exemptions except for
               | the exemption for accessible access to video games, for
               | which there was no petition for renewal."
        
               | Miraste wrote:
               | Ah, 90s network security. Happier times.
               | 
               | I went and checked myself, and they have evolved a lot
               | more than I remembered. For the better, I think, but
               | you're certainly right that they could be going about
               | this in a more legally adept way.
               | 
               | The exemption mentioned in that article isn't about
               | hosting video games online- you may have confused two
               | exemptions. That one was for accessibility in the sense
               | of access for people with disabilities (alternate input
               | devices, etc). It was only added in the 2021 review, and
               | the Internet Archive wasn't one of its backers.
               | 
               | The exemption for remote access to video games was a
               | separate and new proposal, and the Copyright Office
               | blocked it after pressure from industry lobbyists.
               | 
               | https://www.findlaw.com/legalblogs/legally-weird/u-s-
               | copyrig...
        
         | m463 wrote:
         | I think this is the real answer. They will probably still
         | collect everything.
         | 
         | (they're gonna be sitting pretty in life + 75 years)
        
       | zellyn wrote:
       | I'm very worried that IA has risked the parts of what they do
       | that are fully legal, or unenforced (eg. abandonware), by going
       | after targets guaranteed to make deep-pocketed pro-copyright
       | industries like publishing and music labels come after them.
       | 
       | At this point, it seems like the sensible course of action would
       | be to create a new entity that leaves still-in-copyright books
       | and music alone, grabs a snapshot of the entire archive, hires
       | everyone who used to work at IA, starts accepting donations so us
       | supporters can switch over, and then picks up, letting IA declare
       | bankruptcy and fall into the sun.
       | 
       | [Edited to add:] Don't get me wrong. I think the current
       | copyright regime is complete nonsense, and I mostly support
       | everything IA has done from an ethical point of view (except
       | maybe giving away recent books for free), but I'm also a
       | pragmatist, and the idea of IA's archive falling into the memory
       | hole because of picking bad fights is distressing.
        
         | mountainb wrote:
         | Brings to mind the line about the behavior of most
         | organizations being best explained by it being controlled by a
         | cabal of its enemies.
         | 
         | Just mass-violating the copyright of deep pocketed plaintiffs
         | is like writing them checks that need to go through court
         | first. The Constitution expressly gives Congress the power to
         | make laws concerning copyright. Congress used that power. The
         | statutes say what they say. There is no wriggling out of it;
         | there are centuries of case law reconciling copyright with the
         | 1A. If the IA is going to be provocative like this it should do
         | so outside of the reach of the judgments of US courts.
        
         | TimorousBestie wrote:
         | It would take a massive amount of labor to determine what in
         | the existing archive is out of copyright in a legally
         | verifiable manner.
         | 
         | There's nothing keeping the record labels or other corporate
         | copyright aggregators from declaring legal warfare on your
         | hypothetical child organization.
        
           | badlibrarian wrote:
           | Jason Scott and others all the way to the top have been
           | saying "Just upload! We'll figure it out later!" for a
           | decade. That turned out to be a bad strategy.
           | 
           | They're also infamous for ignoring DMCA requests. Requiring a
           | driver's license or passport before they'll even talk to you.
           | Then they leaked those, ugh.
           | 
           | Archiving stuff is Fair Use, but where's the fun in that, I
           | guess. People should be able to upload things and say "Yes,
           | this is a bootleg mix of a Prince song. Archive it but don't
           | publish it, please."
           | 
           | A combination of bizarre policies and subverting their own
           | DMCA protections is why they're in this mess. Again.
           | 
           | Musk showed up for lunch looking to vacuum things up. I hope
           | that's not how this story ends. But it's starting to look
           | like it.
        
         | TylerE wrote:
         | Yes, the recent history of the IA is of its shooting itself in
         | the foot in full auto. I don't understand how the board members
         | pushing these obviously dangerous actions haven't been turfed
         | out.
        
           | badlibrarian wrote:
           | They don't really have a board. It's just Brewster doing what
           | he wants.
           | 
           | https://www.reddit.com/r/internetarchive/comments/1he3ml5/in.
           | ..
        
       | p0w3n3d wrote:
       | Internet was created to allow Library sharing and now companies
       | try to stop the only library available from sharing books at one-
       | person-at-a-time basis. This is similar.
       | 
       | We're doomed because whimsical companies will put down the IA and
       | then forgot the toys they were playing with
       | 
       | Btw. What is age of music going into public domain? Still
       | Disney's 123 years?
        
       | badlibrarian wrote:
       | Sony and EMI worked with the Library of Congress on the National
       | Jukebox a decade ago.
       | 
       | https://www.loc.gov/collections/national-jukebox/about-this-...
       | 
       | Internet Archive is free to archive whatever they want. The
       | problem is that they want to be a publisher too but refuse to
       | follow the rules.
       | 
       | There are traditional rules around access to archives that keep
       | things in balance. But when you're publishing the most popular
       | song of all time and your strategy is "pops and scratches makes
       | it Fair Use" when people ask to take it down -- well then you're
       | going to lose. Again.
       | 
       | They could structure things so that these uploads would be
       | protected under DMCA, and act more surgically, but they can't
       | decide whether they're an archive, a library, or an activist
       | organization. Each of those things has different expectations for
       | longevity and different rules for survival.
       | 
       | At this point I'd be happy if they'd just pick a lane. Other
       | organizations would step up to handle other aspects (Musk was
       | down there looking to vacuum up the data). And if they chose to
       | behave like a legitimate archive, they would have less of a
       | problem partnering with rights holders and raising money from
       | individuals and corporations who support preservation efforts.
       | 
       | Right now they're asking for $17 donations next to pirated
       | material and that's not a strategy.
        
         | freejazz wrote:
         | Not sure why this is being downvoted, it is pretty spot-on.
        
         | NoMoreNicksLeft wrote:
         | >There are traditional rules
         | 
         | None of those rules are traditional. Those rules are adhoc,
         | constantly changed at the whims of whoever is in charge of the
         | copyright office in any given administration, and heavily
         | lobbied by the media companies. These rules are many things:
         | bureaucratic, official, overly-complicated, contrary to public
         | interest, etc. but have no basis in "tradition".
         | 
         | >At this point I'd be happy if they'd just pick a lane.
         | 
         | No doubt you'd be happy.
         | 
         | >they would have less of a problem partnering with rights
         | holders
         | 
         | These are the same rights holders that have acted irresponsibly
         | when it suited them, leading to the wanton destruction of
         | material that rightfully belongs to the public. You get that
         | right? Copyright is not ownership, it's just a long-term
         | lease... all copyright materials are in the long run property
         | of the public domain. You don't get to destroy them just
         | because you've got a temporary lease on it. The rights holders
         | are the problem.
         | 
         | >Right now they're asking for $17 donations next to pirated
         | material
         | 
         | What piracy? Did someone hijack a ship at sea and hold its crew
         | for ransom?
        
           | badlibrarian wrote:
           | I work in the space and routinely access material that
           | predates the Berne Convention. There are indeed traditions
           | that archives and libraries follow going back centuries.
           | 
           | This is entirely separate from US copyright law and if we
           | were actually conversing I'd imagine we'd discover that we
           | share a lot of views there.
           | 
           | > You don't get to destroy them just because you've got a
           | temporary lease on it.
           | 
           | And that's where we disagree. For starters, nothing has
           | gotten destroyed here. Yet. The problem as I see it is that
           | some weird-ass white guy annointed himself keeper of the
           | material. And now he's started behaving erratically and
           | unlawfully, and putting everything at risk. Seems to be a lot
           | of that going around lately.
           | 
           | Insiders at the Archive have gone as far as to say Brewster's
           | sabotaging things since there's no plan for funding or
           | running the thing after he passes. Getting sued over and over
           | (and losing) is awful. And imagine how the employees feel --
           | scanning moldy books for 20 years and then your boss makes
           | one weird decision and now nobody can see your work.
        
             | bboozzoo wrote:
             | > some weird-ass white guy annointed himself keeper of the
             | material
             | 
             | how's their skin colour so relevant to the discussion that
             | it needs to be brought up? what if they were
             | yellow/black/green?
        
       | 8bitsrule wrote:
       | I grew up listening to some ethnic 78 singles that my father had
       | purchased. I managed to hold onto a couple of them (others were
       | broken) but haven't owned a turntable I could play them on (good
       | luck finding one, or the needles) for decades.
       | 
       | None of the singles had been released on vinyl ... it was clearly
       | not in the interests of the industry's monopolists to do so.
       | Because they showed up on IA (before the Great 78 project even
       | started) I could finally listen to them again. To my knowledge
       | none of them have ever been re-released.
        
         | badlibrarian wrote:
         | Yup. They should've stuck to that stuff and not published Frank
         | Sinatra and Bing Crosby records along with the pile of
         | priceless rarities that exist nowhere else.
         | 
         | They were politely asked three times to remove certain material
         | and refused.
         | 
         | This is not the way an archive should act.
        
       | calvinmorrison wrote:
       | In 2008, Universal Media lost something like a half million
       | original master recordings when a fire destroyed one of their
       | storage buildings. The "Library at Alexandria" of 20th century
       | music.
        
         | aerostable_slug wrote:
         | I'm guessing the rise of generative AI will help ensure this
         | never happens again.
         | 
         | If you wanted to build a Sinatra Simulator, you'd want as many
         | takes as possible to train it. For that reason, I imagine any
         | and all high resolution recordings are now considered gold
         | rather than something you just keep around for old times' sake,
         | possible use in reissues, research, etc.
         | 
         | Even session background singers or isolated instrument tracks
         | would be valuable; with all kinds of training data / not-
         | samples, producers could add bits of Quentin Tarantino-esque
         | pastiche to tracks easily -- "give me some background singers
         | that sound like the ones in Smokey Robinson's first album..."
         | "I want this bass track to sound like Duck Dunn playing a
         | Hofner Beatle Bass..." Training data is what you need to make
         | that happen, and record company vaults are the mines where that
         | gold comes from.
        
       | NoMoreNicksLeft wrote:
       | Enemies of mankind. There are friendlier comic book
       | supervillains.
        
       | eccentricwind wrote:
       | The notion of those hyenas having morals in the first place is
       | hilarious on its own
        
       | pmkary wrote:
       | What a sad thing to read. Loosing. What will remain of the
       | internet if even IA is destroyed the rich?
        
       | SpaceManNabs wrote:
       | Until now, I have always given authors the benefit of the doubt,
       | and presented what they could have said to make their argument
       | stronger.
       | 
       | I do this when hackernews is calling an article stupid and
       | missing some of the salvageable or mostly correct things from the
       | article, so I do some effort to highlight these kernels of truth
       | that most articles have because most authors do have something of
       | value to say.
       | 
       | For the first time on this account on this site... This article
       | is hopelessly naive. Music label executives dgaf. If anything,
       | they want the history gone so that they can charge extra premiums
       | when they release 100 year old songs or for visits to their
       | museums. It is like saying NFL owners regret people not being
       | able to watch the first super bowl game and relive history.
       | 
       | Nah... that is stuff they could sell later if they figure out
       | how.
       | 
       | Expecting music labels to have any sense of democratic music
       | access is almost insulting to artists that have been often dicked
       | by these labels.
       | 
       | Part of me thinks this article is a psyop to make music label
       | executives seem more humane lol.
        
       | andy_ppp wrote:
       | The music industry is essentially a bunch of psychopaths robbing
       | artists blind.
        
       | jimnotgym wrote:
       | For there to be damages, wouldn't you have to prove that you had
       | lost out in some way? How could an unavailable record be affected
       | by this?
        
         | badlibrarian wrote:
         | https://en.wikipedia.org/wiki/Statutory_damages
         | 
         | That huge number is merely what the plaintiffs write down by
         | obligation when they file the case. It comes out of a book. The
         | defense counters. The judge picks something reasonable. An
         | appellate judge revises.
        
       | henearkr wrote:
       | Ok, I just donated to IA. They seem to need support.
        
       | dartos wrote:
       | Implying for-profit labels care about anything other than profit.
        
       | ikekkdcjkfke wrote:
       | Labels remaster and loose old versions, youtube re-compresses old
       | videos
        
       | Manheim wrote:
       | The IA's work is essential for historians and archivists who
       | depend on it for research and preservation. However, this is not
       | a concern for the music industry or the major labels.
       | 
       | The argument that the industry's lawsuit against IA might
       | ultimately harm its own interests--by jeopardizing valuable
       | archival resources--rests on a misconception: that the industry
       | cares about art and artists. It doesn't. The industry's focus is
       | shifting toward AI-generated music and hired musicians,
       | prioritizing commercial output over artistic legacy. Their future
       | is not tied to the past but to what comes next. In this scenario,
       | history is not a resource--it's competition.
        
       | alex1138 wrote:
       | https://www.eff.org/cyberspace-independence
        
       | npodbielski wrote:
       | Sooner or later we probably will suffer the event of lost
       | knowledge similar to fire of Library of Alexandria but with
       | internet.
       | 
       | At some point greedy corporations will come to conclusion that
       | storing old data, movies, music, documents is just to costly. And
       | just like that all of this will be just deleted.
        
       | nedt wrote:
       | It's not just labels who aren't getting the artistic side of
       | music. Copyright collectives are just as bad. If you give away
       | your music for free under a license like the creative commons
       | they will still collect money for any public use. But they will
       | then just give it to their commercial artists probably even
       | breaking nc clauses in open content licenses.
        
       | michaelcampbell wrote:
       | People who work at Music Labels may regret what the previous
       | generation of employees did to line their own pockets, and then
       | do equally horrible things in their current context for the same
       | reason.
        
       | exabrial wrote:
       | psssh, thats a problem for the future. profits now
        
       | SuperSandro2000 wrote:
       | The greet of the music labels. They would likely not have made a
       | penny of this because you can't even buy this stuff anymore!
        
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       (page generated 2025-03-11 23:02 UTC)