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this post was submitted on 01 Sep 2024
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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.