“It's a window into the late-’90s web ethos and late-’90s San Francisco culture—the crunchy side, before it got all tech bro. It's utopian, it's idealistic.”https://t.co/qo5YTMIiMT
— AMIA (@AMIAnet) September 30, 2024
The Internet Archive, a digital library founded by Brewster Kahle in 1996, is facing legal battles that threaten its existence. The Archive aims to provide universal access to all knowledge, with its most famous tool, the Wayback Machine, preserving the expanses of the web. It also houses books, old software, video games, obscure tapes, and thousands of concert recordings.
However, this mission has conflicted with the interests of copyright holders.
Major record labels have sued the online library Internet Archive over thousands of old recordings, raising the question: Who owns the past? https://t.co/ixd4pf0Zua
— Jocelyn Gonzales (@jedibunny) October 1, 2024
In June 2020, several book publishers sued the Internet Archive following the launch of the National Emergency Library, a pandemic-era initiative that made a collection of scanned books available for free. The publishers claimed mass copyright infringement.
ICYMI, @jonblistein's deep dive into an existential music industry lawsuit is an absolute must readhttps://t.co/bH8DuIEJDf
— Jonathan Bernstein (@jonbern) September 30, 2024
In parallel, a set of music-industry clients, led by major record labels such as Universal Music Group and Sony Music, sued the Archive over the Great 78 Project. This effort aims to digitize 78 rpm records, an obsolete format that preceded vinyl. The labels argue that the project undermines the value of the original recordings and displaces authorized streams that generate revenues.
The Internet Archive contracted audio preservationist George Blood for the Great 78 Project. His team has digitized over 400,000 recordings since 2017, many of which are not available anywhere else.
Legal battles over digital preservation
Blood says, “Probably 95 percent or more of this content is not available anywhere.”
The record labels have focused their lawsuit on 4,142 key recordings by artists such as Billie Holiday, Louis Armstrong, and Elvis Presley, aiming for damages up to $150,000 per recording. The potential liability totals over $621 million, which could be a fatal blow to the Internet Archive if the labels win. As of now, both parties recently engaged in a private mediation session, with the future of the internet’s greatest library hanging in the balance.
The fate of this digital repository lies in the hands of lawyers and judges, casting a shadow of uncertainty over its future. The Internet Archive’s vast catalogs span digital and physical media, from classic video games and concert recordings to global books and newspapers. This resource has become indispensable, supporting everything from legal research to accountability journalism.
Despite its invaluable contributions, the Archive remains a “risky” endeavor compared to more traditional institutions like the Library of Congress. The Internet Archive’s penchant for pushing boundaries helps ensure the preservation of internet history, even as it faces imminent legal threats. Kahle has dedicated himself to the Archive since 2002.
Those who know him attest to his unwavering commitment. Kahle maintains a modest lifestyle, despite his wealth, preferring e-biking to work and simple attire. His ultimate passion remains his job—preserving the digital world for future generations.
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