The Growing Pains of Digital Memory: The Internet Archive's 2005 Legal Crossroads In July 2005, the Internet Archive
In November 2005, the forced the Archive to delete over 10,000 live concert bootlegs that were, technically, owned by record labels. In December, Microsoft issued a sweeping DMCA notice targeting every file with "Windows 95" in the title. internet archive pirates 2005
Kahle was a brilliant defender. He argued that the Archive was a library. Under the DMCA, libraries have safe harbors if they respond to takedown notices. The Archive did respond—slowly, painfully, and often after the file had been mirrored a hundred times. The Noise Problem: 2005 was the year of the "Blu-ray vs. HD DVD" war and the iPod video. The media industry was suing grandmothers and 12-year-olds for downloading Guns N' Roses on LimeWire. They spent millions fighting peer-to-peer networks. Suing a non-profit library in San Francisco for hosting a 1987 PC booter game was bad PR. The "No Profit" Clause: Because the Archive never charged a dime, never ran ads on the file pages (though they did solicit donations), it lacked the commercial smell that attracted federal prosecutors. It was ideological piracy. The Growing Pains of Digital Memory: The Internet