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jrflowers | on: The Internet Archive has lost its appeal in Hachette vs. Internet Archive
> IA will let you download full video games for the switch that are still being actively sold [1]

I am not seeing that anywhere. I see a file called “My Nintendo Switch games collection” and it is a big jpeg photo of a bookshelf. Is this what you mean?

opan | parent | next
It's harder to find them than I expected, but one search with a result is "super mario wonder nsp". I had the advantage of knowing the format(s) Switch game dumps come in, though, so the average person might not find much.
jrflowers | root | parent
I’m getting a “no results found” response from that search. Maybe it has already been taken down?
codetrotter | root | parent | next
Did you accidentally search in the Wayback Machine search box instead of in the Internet Archive search box below it? The former searches website snapshots, the latter searches books, films, audio, etc that is in the part of the Internet Archive that contains itemized data.
jrflowers | root | parent
Woops. I am apparently an idiot!
Dalewyn | root | parent
Here ya go:

https://archive.org/details/super-mario-bros.-wonder-nspe-sh...

Note to dang and friends: Not condoning piracy or whatever, this is simply to prove a point that Internet Archive hosts and distributes warez with wanton abandon.

jrflowers | root | parent | next
I’m kind of curious how this indicates “wanton abandon”

Have you downloaded and checked this file to make sure that it is a playable copy of Super Mario Wonder rather than some other file labeled as such? Have you reported it, and if so how long ago?

Dalewyn | root | parent
All you have to do to find warez of all sorts is take a casual browse through their software library.

Most of it is actually supplied by ordinary users unrelated to Internet Archive with little to no oversight or curation. I have no idea how effective reporting is, but I would bet it's not meaningful given the prevailing prevalence of warez.

And yes, I've downloaded some of those warez and they have all worked.

I would advise not white knighting for Internet Archive and instead judge them for what they actually are.

I honestly think the software library is actually a far bigger liability risk than the book piracy scheme. Software developers and publishers are just as vindicative as book authors and publishers if you paint a big enough target on your stupid ass and there's a lot more dollars at play.

| root | parent | next
{"deleted":true,"id":41454288,"parent":41454192,"time":1725520036,"type":"comment"}
jrflowers | root | parent
Did you verify or report the link to what you claim is a working and playable copy of Super Mario Wonder for Nintendo Switch that you posted here as proof that IA “wantonly distributes warez”?
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jquery | root | parent | next
https://www.google.com/search?q=Super+Mario+Bros.+Wonder+%28...

Second link on the page. How is this warez distributor still online?

protocolture | root | parent
Are you telling me... that an archive has... archived something?

Calling the cops right now!

tombert | root | parent | next
Public and University libraries are also archives, but they follow strict guidelines to stay within the bounds of copyright law and fair use. There are limitations on how you can view the archived copyrighted material, limitations on how you can do so, etc. No one is claiming that "archives" are a bad thing, at least not that I've seen.

What I'm complaining about with IA specifically is that they're basically taking the MegaUpload approach of pretending that flagrant disregard for copyright law is totally fine, and then hiding behind vague data harboring laws and shouting "We're an archive so it's fine!!!!". Depending on how far you want to go, you can say that ThePirateBay or LimeTorrents is also an archive, but most people don't dispute that those sites are piracy.

If IA broke copyright law only in regards to something like AbandonWare, I wouldn't really be complaining, because that is something that should be archived and if it's truly abandonware then you're not even eating into potential profits, but that's not what's happening. Even the act of archiving copyrighted material that's still for sale is fine, but they should be operating within the bounds of the typical library archiving standards, which I don't think that they're doing.

As I said, if I'm aware of how easy it is to get pirated material on IA, then I'm quite confident that their staff is too.

protocolture | root | parent
Right but they are breaking weird dumb specific laws. They arent posting ebooks for free, they are specifically linking them to the number of physical copies they have on hand. Like lending your mate a copy of your own book. The issue seems to be whether they have the specific right to transform a physical book into a digital book for the purposes of lending. Its not the megaupload approach at all.
Dalewyn | root | parent
>they are specifically linking them to the number of physical copies they have on hand.

This lawsuit came about in very large part because Internet Archive stopped linking to physical copies on hand during covid. That was the straw that broke the camel's back.

Dalewyn | root | parent
Internet Archive is engaging in redistribution with flagrant disregard for the law, so it is not an archive despite what it says on the tin.

Note that preservation and redistribution are two very different things, there are very specific limitations to redistributing something you don't have explicit licensing or permissions for.

Further reading: https://www.law.cornell.edu/uscode/text/17/108

protocolture | root | parent
>flagrant disregard for the law

The law should be disregarded. Its stupid.

0x1ch | parent
I'm heavy into the tracker and open water scenes.

IA is most certainly holding some amount of content that is copyrighted and currently sold like they mentioned. It's just not easy to find.

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