Introducing On Point: The Internet Archive is in danger
Feb 21, 2025
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James Grimmelmann, a professor of digital and information law at Cornell Tech, joins Brewster Kahle, founder of the Internet Archive. They dive into the vital role of the Internet Archive and its Wayback Machine in preserving digital history. The discussion highlights the looming copyright lawsuits that threaten its existence. Grimmelmann unpacks the complexities of digital lending and the struggles between archival accessibility and copyright laws. Their insights emphasize the need to protect our digital heritage in an increasingly legal battleground.
The Internet Archive is essential for preserving digital content and accountability, risking profound loss due to ongoing copyright legal battles.
The legal challenges faced by the Internet Archive raise critical questions about the future of digital access and preservation of our heritage.
Deep dives
The Role of the Internet Archive
The Internet Archive serves as a vital public record of the World Wide Web, functioning as a library that preserves millions of old web pages, television shows, and books. Brewster Kahle, its founder, explains that this archival work allows users to access digital content that might otherwise be lost to history. The archive not only captures material from the web itself, often provided through the 'Wayback Machine,' but also collaborates with libraries to digitize various forms of media. If the Internet Archive were to cease operations, the consequences would be profound, leading to a significant loss of accountability and the ability to remember crucial moments documented online.
Legal Challenges Facing the Archive
The Internet Archive currently faces legal battles over its methods of digitizing and lending books, highlighted by the Hachette versus Internet Archive case. The court ruled that the Archive's practices of scanning physical books and providing digital access without explicit authorization violates copyright law. This ruling raises concerns about the future of libraries and digital access, as it suggests that the traditional model of lending physical books may not extend to their digital counterparts. Furthermore, publishers argue that failure to enforce such restrictions could lead to rampant piracy, complicating the availability of legal digital resources.
Future of Digital Preservation
The ongoing legal scrutiny of the Internet Archive spotlights the broader question of how society will preserve its digital heritage. If the Archive is rendered unable to operate, many fear that alternatives will lack the rigor and accountability needed for effective preservation, resulting in a chaotic landscape filled with unreliable sources. Scholars and digital rights advocates emphasize the need for a structured system that can archive and maintain access to historical digital content responsibly. As institutions like the Library of Congress consider their roles, the future of libraries and archives hangs in the balance, dependent on legal outcomes and technological advancements in the digital age.
We’re coming to you with a special offering today. It’s an episode about the internet… from our friends just a few cubicles over here at WBUR: On Point.
Hosted by Meghna Chakrabarti, On Point is a unique, curiosity-driven combination of original reporting, newsmaker interviews, first-person stories, and in-depth analysis, making the world more intelligible and humane. When the world is more complicated than ever, we aim to make sense of it together.
We loved their recent episode about one of our favorite pieces of how the internet gets recorded and remembered — and we thought you might love it too.
So kick back and take a listen. We’ll bring you the usual shenanigans next week.
Brewster Kahle, founder and director of the Internet Archive. Digital librarian and computer engineer.
James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School. Studies how laws regulating software affect freedom, wealth, and power.
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