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Yes, and when I archived your website, I became the owner of that specific copy of your website.

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4 points

No, I never granted you any ownership of my content. Period. You didn’t pay me, you didn’t engage in any contract with me.

Simply archiving my stuff and running away then publishing it as your own is theft.

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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.

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-2 points

I can keep it until the copyright expires and then I can do whatever the fuck I want with it.

general copyright is 70 years. So no. You couldn’t do whatever you wanted with it as the computer you’re using would be long dead… and possibly you’d even be long dead. Replicating the content to another device without owners consent could and likely would be a violation of that same copyright.

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5 points

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?

then publishing it as your own is theft

  1. 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.

  2. 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.

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-1 points

You’ve put it out there for free

Irrelevant. It’s still my content that I have sole rights to. If I want to share it to individuals I can do that if I please. You don’t have any rights to do anything else with it.

and the data literally ends up on my machine because you made it do that

Incorrect. Your browser made it do that. How that data is accessed and displayed is not controlled by me. Case and point you can have extensions on your browser that changes how my websites are rendered.

That doesn’t give you a right to replicate my content elsewhere.

and potentially sharing it elsewhere for free again?

Because it’s not yours? And publishing it again elsewhere is effectively you claiming it is yours. Especially if published without attribution.

You guys can’t have this both ways. If an artist makes a painting… and posts a picture of it. They have no rights to the painting anymore? They deserve no ownership/pay for what they’ve done? If a news story is published… They have no rights to sell that story to another publisher just because you can copy and paste the text? This is absurd logic. My website has/had a cost. I bore it. I have sole rights to that content.

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.

No, this has to do with rights of the content. Owning the CD grants you a license to the content on that CD. That’s about as good as ownership gets there. They own the CD/license. As long as that CD exists/works. You don’t gain that same right by simply visiting a website.

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.

No it doesn’t. Taking content and using in an unauthorized way while gaining money or some other consideration is also theft. Wayback Machine and other archives are paid for somehow. If some content being on a site swayed someone to make a donation to that archive site, then that value should have gone to the original creator. That is theft. This is the core of most of the current lawsuits. Although they often equate this to β€œpotential and future earnings” which is bullshit because oftentimes that content would never be have been viewed at whatever cost they ascribed.

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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.

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4 points

I’d better never see you bitching about AI scraping your content. I’ll remind you of this very comment.

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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.

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3 points

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.

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