Folks --
I think when you vilify Brewster Kahle, you are going after the wrong
person. In about twenty years, all of us -- except for the usual
mean-spirited cranks -- are going to be ecstatic that the archives
he's been instigating exist at all. Losing the history of the Internet
would be a bad thing.
So far, unless I've missed something big, he's stated over and over
again, and very publicly, that the archives he's putting together are
reserved for historical and scholarly purposes.
As an attorney who focuses on the evolving law of online systems, I
can tell you with some confidence that if he keeps his collections for
those purposes, it would be extremely difficult to prevail on any
copyright claims against the archive. Copyright does not give the
copyright owner the absolute right to control all uses of the
copyrighted material -- and historical and scholarly uses of the
material such as Mr. Kahle describes are very probably (but not
absolutely, positively) fair uses. Copyright law and the US
Constitution still recognize that copyright owners don't always have
society's interest at heart, and that's why it is not always required
to have permission of the copyright owner to use the works. Get over
it.
It's interesting to note that Mr. Kahle is aware of the legal
uncertainties of the fair use claim, and has decided to put his money
where his mouth is and proceed anyway. Those who disagree with his
legal interpretations ought to quit flaming and put their money where
their mouths are and sue him over this if they feel so strongly.
Otherwise, please spare us your flaccid indignation.
That said, I'd have to agree with those who are cautious of FindMail.
>From their own statements, their intentions are ambiguous. It sounds
like they are not ruling out making money of this deal.
But those list owners who seem shocked that someone would have the
audacity to archive the contents of a mailing list whose subscriptions
are open to all are living in some fantasy world of their own
devising. Copyright is really not designed, nor intended, to regulate
this. Nor should it be. Once people start selling access to archived
material, that's another story.
By the way, I have never met Mr. Kahle and don't know him by other
than reputation and his public statements.
-Steve Barber
Follow-Ups:
|
|
