Lunduke
News • Science & Tech
The Internet Archive Loses Appeal. As Expected.
With more legal action on the horizon, how long before Archive.org closes?
September 05, 2024
post photo preview

The United States Court of Appeals (Second Circuit) just issued a ruling against the Internet Archive (Archive.org) -- rejecting their appeal, and upholding a previous ruling against them in the Hachette vs Internet Archive legal battle.

Make no mistake: This is very bad news for both the Internet Archive, Archive.org users, as well as other archival projects.

 

 

 

Hachette v. Internet Archive: The Short, Short Version

 

To make sure everyone is up to speed, here is the short, short version of this legal battle.

For many years, the Internet Archive has been creating digital copies of physical books (by scanning them) -- then allowing people to "borrow" those digital versions from Archive.org (in theory limiting the total digital books being "lent out" to the count of the physical books in the Archive's possession).

They never obtained permissions from the authors or publishers to do any of this.

In 2020, during the Covid lockdowns, the Internet Archive launched the "National Emergency Library" -- where they removed that "1 physical book : 1 digital book lent out" restriction.  Meaning anybody on the Internet could obtain digital scans of physical books... and the Archive could "Lend Out" an unlimited number of digital copies based on a single physical copy.

Again.  No permission was obtained from the writers or publishers.

Thus -- to the surprise of absolutely nobody -- the "Hachette v. Internet Archive" legal battle began.

And... The Internet Archive lost.  The judge ruled in favor of the publishers (including Hachette, Wiley, Penguin Random House, & HarperCollins).

Naturally, Internet Archive appealed that ruling.  But, boy-howdy, was their appeal a strange one which was destined to fail.

 

The Strange Appeal of The Internet Archive

 

On April 19th of 2024, the Internet Archive filed their final brief in their attempt to appeal this ruling against them.

In that ruling, one of the Internet Archive's core arguments was that it cost the Internet Archive a lot of money to make so many digital copies of books without permission... so, therefore, the Internet Archive should be allowed to do it.

That is neither a joke nor an exaggeration.  It sounds weird, because it is weird.

The Internet Archive truly attempted to make the case that spending a lot of money committing a crime... should make that crime legal.  (Could you imagine the mafia making that case?  Wild.)

You can read the full analysis, by The Lunduke Journal, of the appeal (including the appeal itself) for yourself for more details.

The reality is... there was never any chance that the Internet Archive's attempted appeal was going to be successful.  Their defensive arguments were highly illogical (bordering on flights of fancy), and brought nothing new or noteworthy to the case.  This was all painfully obvious.

 

The Lost Appeal

 

On Wednesday, September 4th, 2024, the opinion was handed down from the United States Court of Appeals.

While the full ruling is roughly 64 pages long, this single paragraph -- from the second page -- summarizes things quite well:

 

"This appeal presents the following question: Is it “fair use” for a nonprofit organization to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free, subject to a one-to-one owned-to-loaned ratio between its print copies and the digital copies it makes available at any given time, all without authorization from the copyright-holding publishers or authors? Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no. We therefore AFFIRM."

 

To call out the truly important parts:

"Question: Is it 'fair use' ... to scan copyright-protected print books in their entirety, and distribute those digital copies online, in full, for free ... all without authorization from the copyright-holding publishers or authors? ... we conclude the answer is no."

You can read the entire 64 page ruling for yourself.  Heck.  You can even read it on Archive.org.  But that line, right there, sums it all up.

Naturally, the Internet Archive has issued a statement.  Albeit... a short one.

 

"We are disappointed in today’s opinion about the Internet Archive’s digital lending of books that are available electronically elsewhere. We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books."

 

What Happens Now?

 

The Internet Archive gets sued by some of the biggest book publishers... and loses.

The Internet Archive appeals... and loses.

What happens next?  Well.  Unfortunately -- for both the Internet Archive, and its users -- the future looks rather bleak.

First and foremost: Has the Internet Archive made, and distributed, digital copies of work you own?  This ruling will certainly not hurt your case should you decide to take legal action against Archive.org.

And -- holy smokes -- the amount of copyrighted material on Archive.org is absolutely massive.

The Archive.org software repository alone contains millions of items.  With a very large number of them being copyrighted material, posted there without permission of the copyright owner.

Simply going by the numbers, here's how much material is available on Archive.org (roughly):

  • 832 Billion archived webpages.
  • 38 Million printed materials (magazines, books, etc.).
  • 2.6 Million pieces of software
  • 11.6 Million videos files.
  • 15 Million audio files.
  • 4.7 Million images.

How many of those items do you think are there without permission (or possibly even knowledge) of the owners or creators?

Every single one now has an increasingly strong case when looking at potential legal action.

And it's about to get even worse for the Internet Archive.

 

UMG Recordings v. Internet Archive

 

That's right, the book publishers weren't the only ones taking legal action against Archive.org. 

Universal Music Group and Sony have an ongoing lawsuit against the Internet Archive -- regarding the distribution of 2,749 audio recordings (with potential damages upwards of $412 Million USD).

Seriously.

 

"Plaintiffs bring this suit to address Defendants’ massive ongoing violation of Plaintiffs’ rights in protected pre-1972 sound recordings. As part of what Defendants have dubbed the “Great 78 Project,” Internet Archive, Blood, and GBLP have willfully reproduced thousands of Plaintiffs’ protected sound recordings without authorization by copying physical records into digital files. Internet Archive then willfully uploaded, distributed, and digitally transmitted those illegally copied sound recordings millions of times from Internet Archive’s website."

 

Sound familiar?  Digital copies.  No permission from the artists or publishers.  Free downloads for everyone.

Naturally, the Internet Archive attempted to have this suit dismissed... but their attempt was denied in May of 2024.  (Because if there's one constant in life... it's that the Internet Archive always loses in court.)  That case is going forward.

 

 

What happens if the Internet Archive loses this UMG / Sony case?  What happens if they are ordered to pay $412 Million in damages?

To put it simply: Archive.org doesn't have that kind of money.  They bring in roughly $20 Million (give or take) per year.  That type of legal liability would absolutely destroy the Internet Archive.

 

 

And, here's the thing, the Internet Archive is almost assuredly going to lose that lawsuit as well.

Regardless of what you, I, or anyone else thinks of the Internet Archive -- and, make no mistake, I use that service several times a week (and love it) -- the law here is incredibly clear and well tested.

The Internet Archive runs one of the largest (if not the largest) website of pirated and stolen digital material on the planet.  Sure, it may also provide extremely valuable (and often, very legal) services as well.. but that doesn't make those crimes go away.

With each legal defeat, the Internet Archive grows increasingly vulnerable to additional attacks.

Simply being logical about it... it seems highly likely that we'll see additional suits brought against the Internet Archive in the months ahead.  Books, music, TV shows, software... Archive.org contains a massive mountain of copyrighted material in all areas.  These are suits which the Internet Archive would be almost certain to lose.

With this reality looming, how long until Archive.org will be forced to shut down entirely?  That day is likely not far off... and a sad day it will be.

 

The Archive Had to Know This Was Coming

 

The truly sad part?  The leadership of the Internet Archive had to know exactly what they were doing.

Every step of the way, it was obvious that they were going to lock horns with publishers (and lose).

Heck, I told them.  Repeatedly.

But, even if The Lunduke Journal hadn't pointed this out... it was a brutally obvious certainty to anyone even mildly familiar with copyright law and the workings of Archive.org.

Which means: The Internet Archive knowingly put their entire service at risk (including the Wayback Machine, the massive archive or pre-copyright audio recordings, etc.) because they wanted to publish copyrighted material against the wishes of the authors or publishers.

Despite this, they continue to push a public perception campaign where they pretend that publishers and authors are burning their own books.  When the reality is... the books are still available a wide variety of ways.  Archive.org simply got in trouble for copying and distributing them without permission.

 

 

Something I find truly fascinating about all of this, is that The Lunduke Journal will -- as usual -- get yelled at (rather extensively) for this article.  For simply pointing out the current reality of copyright law and how the Internet Archive has, knowingly, violated it.

People love Archive.org.  Heck, I love Archive.org.

And people are allowing their love for that website to convince them that anyone being critical of it... must, necessarily, be bad and evil.  An enemy.

But it is not The Lunduke Journal who is putting The Internet Archive in danger of being shut down.

Neither is it Sony, Hachette, Random House, or HarperCollins who are putting The Internet Archive in danger.

No, sir.

The only one putting The Internet Archive in danger... is The Internet Archive.

community logo
Join the Lunduke Community
To read more articles like this, sign up and join my community today
14
What else you may like…
Videos
Podcasts
Posts
Articles
NHS Vaccines at Risk from Chinese Fridge-Hackers

That's a real headline. Because the future is retarded.

More from The Lunduke Journal:
https://lunduke.com/

00:09:26
Red Hat Devs Forced to Use AI or "Find Another Job"

Red Hat ties financial bonuses to Al use, encourages writing Fedora Linux code with Al, writes articles with Al, buys Al companies, and now makes Al a job requirement.

More from The Lunduke Journal:
https://lunduke.com/

00:12:09
We Have the Full Text for the Federal OS Age Verification Bill

The details of HR 8250 are even worse than we thought. Plus: Who, really, is behind these Operating System Age Verification laws?

More from The Lunduke Journal:
https://lunduke.com/

00:36:46
November 22, 2023
The futility of Ad-Blockers

Ads are filling the entirety of the Web -- websites, podcasts, YouTube videos, etc. -- at an increasing rate. Prices for those ad placements are plummeting. Consumers are desperate to use ad-blockers to make the web palatable. Google (and others) are desperate to break and block ad-blockers. All of which results in... more ads and lower pay for creators.

It's a fascinatingly annoying cycle. And there's only one viable way out of it.

Looking for the Podcast RSS feed or other links? Check here:
https://lunduke.locals.com/post/4619051/lunduke-journal-link-central-tm

Give the gift of The Lunduke Journal:
https://lunduke.locals.com/post/4898317/give-the-gift-of-the-lunduke-journal

The futility of Ad-Blockers
November 21, 2023
openSUSE says "No Lunduke allowed!"

Those in power with openSUSE make it clear they will not allow me anywhere near anything related to the openSUSE project. Ever. For any reason.

Well, that settles that, then! Guess I won't be contributing to openSUSE! 🤣

Looking for the Podcast RSS feed or other links?
https://lunduke.locals.com/post/4619051/lunduke-journal-link-central-tm

Give the gift of The Lunduke Journal:
https://lunduke.locals.com/post/4898317/give-the-gift-of-the-lunduke-journal

openSUSE says "No Lunduke allowed!"
September 13, 2023
"Andreas Kling creator of Serenity OS & Ladybird Web Browser" - Lunduke’s Big Tech Show - September 13th, 2023 - Ep 044

This episode is free for all to enjoy and share.

Be sure to subscribe here at Lunduke.Locals.com to get all shows & articles (including interviews with other amazing nerds).

"Andreas Kling creator of Serenity OS & Ladybird Web Browser" - Lunduke’s Big Tech Show - September 13th, 2023 - Ep 044

"AI is killing Open Source – Bailey Pumfleet is explaining how Cal.com is close-sourcing their app"

I put together a list of ALL of the MattChat features I have implemented. I am posting this here, because I feel this is a VERY complete chat platform, and you folks here, would offer good feedback on things you think are whack or missing.

Any of you all want to maybe use something like this? Is federation with other MattChat servers something that would be wanted?

Without further ado here is 260+ lines of markdown:

1. Accounts & Authentication

  • Username + password registration and login with bcrypt-hashed passwords
  • Three server-configurable registration modes: open, closed (admin-created only), and invite-only (token-based)
  • JWT access tokens with refresh-token rotation and a 60-second grace window for mid-rotation network failures
  • Sessions table tracks active refresh tokens for revocation, device info, and IP
  • Server-forced password change on next login (set by admin)
  • Account self-service: update display name, status text, avatar, password
  • Account deactivation (by admin or self)
  • Short-lived WebSocket tickets for authenticated WS upgrade

2. Two-Factor Authentication (TOTP)

  • Optional per-user TOTP 2FA with QR-code provisioning
  • Admin-enforceable 2FA ("required" ) — user ...
post photo preview

Wild to see Lunduke getting QTed by Moldbug and Cerno. Containment escaped.

post photo preview
Last call for the "Amiga" Lifetime Subscriber Wall. It's almost full!

Holy smokes, that was fast.

The 6th Lunduke Journal Lifetime Subscriber Wall (aka the “Amiga OS 3.1” Wall) was introduced… what… a week ago?

I kid you not, the darn thing is already almost full! I was wildly unprepared for how popular this would be!

There’s enough space left for maybe 5 or 6 more names. Tops. Then I’ve gotta declare “Wall 6 (Amiga) is Full” and start Wall Number 7!

Here’s what all of the Lifetime Subscriber Walls look like (each shown at the end of every Lunduke Journal video):

 

If you want to get onto the Lifetime Subscriber Wall (and have any chance of making it onto the Amiga Wall before it’s full) here’s what you need to do (and do it quickly):

  1. Grab a Lifetime Subscription to The Lunduke Journal (if you don’t already have one).

    1. A Lifetime Sub includes all the standard perks (plus a few) and can be picked up via Locals, Substack, or Bitcoin (whichever you prefer).

  2. Email “bryan at lunduke.com” and let me know how you would like your name displayed (“Joe A.”, “Joseph Arnold”, “JoeyPants”, “SirJJMcManly”, etc.)

It’s first come, first served.

If you’ve already emailed me about being added to the wall, your spot is secured.

For the rest of you: Chop chop. At the current rate, I would be very surprised if the “Amiga Wall” wasn’t full by some time this weekend.

“Lifetime Wall 7” will be unveiled after the final name is added to the Amiga Wall. And, yes, it will be a different (awesome) retro computing platform.

As always, a huge thank you to every subscriber to The Lunduke Journal. Absolutely none of this would be possible without your support.

-Lunduke

Read full Article
post photo preview
Amiga Lifetime Wall & March Lunduke Journal Stats!

Hello all of you amazing Lunduke Journal subscribers!

With March now behind us, I wanted to give you crazy kids a quick “behind the scenes” look at the stats for The Lunduke Journal. Because Inside Baseball stuff is fun.

The Amiga Wall!

But before we dive into charts and numbers… behold! The brand new 6th Lifetime Subscriber Wall of Shame Awesomeness! The AmigaOS 3.1 Wall!

 

Every Lifetime Subscriber Wall (which I show at the end of each video) is a real screenshot from a different computing platform. Mostly retro. All awesome.

 

If you’d like to see your name listed on the new AmigaOS 3.1 wall, grab a Lifetime Subscription (if you don’t already have one) and toss me an email. I update the walls about once each week with new names.

The last few Lifetime Walls filled up incredibly quickly. So if the Amiga Wall interests you, I wouldn’t wait too long. Hint, hint.

March 2026 Stats

The big news: Total “views” were way, way up in March.

A fair bit beyond what was anticipated. A hair over 19 million during the month.

 

That’s in total, across all platforms. As usual, the audio podcast and X lead the way in terms of total views/listens for shows (by quite a lot).

Interestingly, we saw significant “views” growth on even the smallest platforms in March (Facebook and TikTok).

Free subscribers also took a major jump in March, with the largest one month gains ever (I’m pretty sure, certainly the largest this year or last). Up 7,623 over the month before.

 

Again, new subscribers grew across the board. The biggest gains were seen on X, but all platforms saw a significant bump.

Hard to complain about that!

The top 3 shows for March were all focused on the Age Verification laws:

While those were the top 3… it’s worth noting that the top 10 (and, really, the top 15 or so) shows for the month were all incredibly close in terms of viewership numbers.

As always, a huge thank you to all of The Lunduke Journal subscribers. You make all of this possible.

-Lunduke

Read full Article
Lifetime Wall Number 6, Plus How to Access MP4s & Forum

A few quick reminders for all of you amazing Lunduke Journal subscribers:

First: If you have any kind of payed subscription (Monthly, Yearly, or Lifetime) there are a bunch of cool perks available to you. MP4 Downloads, PDF eBooks, and access to the Lunduke Journal Forum. All the details on how to gain access to everything is right here.

Enjoy.

Second: At the end of this next week I’ll be unveiling “Lifetime Subscriber Wall of Shame” number Six at the end of all new Lunduke Journal videos.

 

At that same time I will be updating and permanently locking down Walls 1 through 5.

If you are already a Lifetime Subscriber, and would like to be added to the new Wall number 6 (or to one of the couple remaining spots on Walls 4 and 5), email me (bryan at lunduke.com) with how you would like your name to be displayed (full name, first name only, nick name… any way you like).

  1. CRT Linux Pico Wall: Full

  2. DOS Word Wall: Full

  3. Win 3.11 Notepad Wall: Full

  4. MacOS 9 Wall: 2 Spots Left

  5. PalmOS Wall: 1 Spot Left

  6. Mystery Wall: Open

Those final spots on the MacOS and PalmOS Walls are first come first served. The first people to request those spots get them.

Everyone else will roll over into Wall 6. Which is a secret, retro computer platform. You’ll dig it.

If you have already contacted me regarding being added to one of these walls (or changing the way your name is displayed), I’ve already got you on the list for the changes later this next week.

If you don’t already have a Lifetime Subscription, grab one and get yourself on the wall.

It’s pretty sweet.

-Lunduke

Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals