359
this post was submitted on 01 Sep 2024
359 points (100.0% liked)
Technology
69109 readers
2183 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related news or articles.
- Be excellent to each other!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, this includes using AI responses and summaries. To ask if your bot can be added please contact a mod.
- Check for duplicates before posting, duplicates may be removed
- Accounts 7 days and younger will have their posts automatically removed.
Approved Bots
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I'm not sure if i can agree with that. A third party cannot simply override the rights of the owner. If i want my website gone, i want it gone from everywhere. no exception.
That kinda also goes in the whole "Right to be forgotten" direction. I have absolute sovereignty over my data. This includes websites created by me.
Yes they can, otherwise Disney can decide that that DVD you bought 10 years ago, you're no longer allowed to have and you must destroy it.
Right to be forgotten is bullshit, not from an ideological standpoint right, but purely from a practicality stand point the old rule of once its on the internet its on the internet forever stands true. That's not even getting started on the fact that right to be forgotten is about your personal information, not any material you may publish that is outside of that.
Disney can decide to terminate that license but the disc is another story. The license is for the media on the disc but the physical disc itself is owned by the person who bought it. This is literally why a company can remove a show or movie or song from your digital library. The license holder can always revoke the license. It was harder to enforce with physical media (and cost prohibitive in a lot of cases), but still possible.
No, they can't Google first sale doctrine.
They can remove shit from your digital library because in page 76 of the terms and conditions that you didn't read, they redefined the word purchase to mean temporarily rent.
It's the same licensing agreement. I phrased what I said to specifically adhere to what they say in their own terms of use in accordance with FCC regulation.
https://disneytermsofuse.com/english/
If you were to, say in 1990, get caught broadcasting your copy of a Disney movie without the legal ability to do so, they could absolutely use the court system to revoke your right to the licensed copy of that media and have it confiscated.
Yes, and when I archived your website, I became the owner of that specific copy of your website.
You've put it out there for free, though, and the data literally ends up on my machine because you made it do that, so what's the problem with me saving the data on my machine for later, and potentially sharing it elsewhere for free again?
This scenario (misattribution of content) has nothing to do with the previous discussion. The other commenter is making an analogy to CDs, owning a CD and lending it to others doesn't mean you're claiming its content is your own creation.
Theft implies deprivation of ownership. Calling this theft is like calling piracy theft. It may be illegal by this or that metric, but it's not normal theft.
Well the whole premise of their argument is flawed because they're basing it on the fact of redistribution. If I'm not redistributing it, then the whole argument of that falls away entirely. Under fair use, I believe you're also allowed to make copies of things for research purposes, so I'd argue that's what an archive is.
That's patently false. At a minimum, I can quote parts of your content, just as you can quote smaller portions of any published text anywhere, you don't have to ask the publisher or author for permission. It's also ridiculous and impossible to control, the content is on my private machine already, how can any law be relevant or exerted upon what I do there? I doubt you're writing this comment on the basis of your knowledge of copyright law.
You're arguing semantics that really don't make any difference. The display is irrelevant, because the data by itself is stored on my computer before it is displayed. That data is what you've put up online to be accessed.
I fail to see the difference between getting a CD with some data (buying it or being given for free, as e.g. a gift) and being sent some data online for free. More importantly - says who? Does copyright law say this about websites?
This simply doesn't follow from what I've written. They certainly retain the rights to the painting. Besides, "deserving pay" depends on completely different factors than the ones we're discussing, usually artists sell the actual object, the painting. A digital reproduction is, as far as most people care (I think), merely an informative reproduction, and not the real thing. Stuff that's posted online for free is... free. It wasn't intended to be made money with directly.
Your final paragraph is really confusing me, you seem to be saying that Wayback Machine is also committing theft, which I'm pretty sure is not true (I've followed the lawsuits against IA for a while and don't remember anyone invoking that term). And at this point I don't know what "theft" is even supposed to mean to you or to anyone else, and what was the point of the discussion anyway. Maybe I should reread the whole discussion carefully all over again, but I'm on my phone and it's all giving me a headache.
You'd have to look for it, knowing fully well that it is illegal to produce in the first place and distribute to others, access it online, and then deliberately retain it. It's not really the same as something that's legal to produce and distribute (it is certainly legal for me to view your site). You wouldn't "already" have it.
Well I've read some copyright laws, had to solve some issues regarding usage of copyrighted works, etc. Nothing that makes me an expert, but I'm not talking wholly out of my ass either.
That's not Wayback Machine per se, that's Internet Archive's book scanning and "digital lending" system, which was most definitely doing legally questionable (and stupid) things even to an amateur eye. However, Wayback Machine making read-only copies of websites has for now never been disputed successfully.
Copyright only protects distribution and derivative works. I can keep a copy of it on my local machine for as long as I want. Theoretically I can keep it until the copyright expires and then I can do whatever the fuck I want with it.
Replicating a personal backup to another device is covered by free use. Only distribution and derivative works are covered by copyright.
And yes, the length of copyright is way too long. It recon it should be the same as patents, 20 years. Or let it be as long as the warranty and let the big companies duke it out with each other.
I'd better never see you bitching about AI scraping your content. I'll remind you of this very comment.
I would argue that AI is a derivative work and that is protected by copyright. Archiving a copy of something and keeping it for personal use is not derivative work and not distribution and that's not protected by copyright.
For what it's worth, I agree with the other commenter and, as much as I dislike AI as it currently is, I have never and probably never will bitch about the scraping. If I put things out there online, I am aware that they may be used in ways that I never intended. That's how it has always been, after all.
You compare entirely different things here. I'm talking about a website i own not a product i sell. And no, this "on the internet forever" is complete and utter nonsense that was never true to begin with. the amount of stuff lost to time easely dwarfs the one still around.
You chose to distribute said website to everyone on the internet. I chose to exercise my rights of fair use to make a local convenience copy of said website. I can then theoretically hold, said local convenience copy, for as long as I want, until your copyright expires, at which point I can publish it.
It's a bold assumption that that data is not just sitting on someone's hard drive somewhere.
You are moving the goalpost. again. The talk was about the Internet Archive providing a copy of my website to the public. Not you storing it somewhere on your drive for personal use. Although that's also a rather tricky legal matter.
But nice for you to agree with the rest. Yes, you could at one point publish a copy. 70 Years after my death. and not a second before that. and only if its not specific protected because i contains personal information. i think the protection is not limited in that case.
Information doesn't have "owners." It only has -- at most -- "copyright holders," who are being allowed to temporarily borrow control of it from the Public Domain.
Imagine that absolute historical clusterfuck if terrible politicians and bad actors could just delete entire portions of their history.