Were the Alexa/Internet Archive service to operate in the UK, there is
little doubt in my mind that it would infringe copyright both by creating
the archive in the first place and by subsequently permitting third
parties to access it. I believe that it also infringes in the USA, but
others are better qualified than I to judge that.
The Web is a new medium with new characteristics, and the question of
archiving needs, I believe, much further consideration. It is a dynamic
medium: the content changes with time. This, in some respects, makes
archiving all the more important; in another respect, it raises the
question as to whether we really want to archive it all. Most human
communications are not archived. Communications and information
technology now means that a great deal more of our interactions are in a
fixable form which can, technically, be archived. If it is collected, it
may form a valuable resource for future scholars but it is much more
likely to produce an archive of such size and complexity that its
practical value turns out to be almost nil - and certainly much less than
the cost of maintaining it.
National libraries traditionally archive the nation's repertoire of
published work, but the web has lowered or even abolished the hurdle of
publication. Is it really necessary to archive the "pet portraits" that
make up many personal home pages?
I do not have a particular view on the merits of archiving, beyond a
general feeling that we should question the automatic assumption that
everything that can be archived, should be. I am much happier that archiving be done by a national library than by a private organisation, but there are many unresolved issues - of which the copyright question is only one.
Frans Lettenstrom wrote:
> Dear all,
>
> As you may all know The Royal Library (National Library of Sweden) has been archiving the Swedish part of the web since late 1996 with methods similar to the Internet Archive (the archive behind Alexa). We do not yet have a service like Alexa to give access to the material, partly because of legal problems (which we are trying to solve by the way, by influencing future Swedish legislation). Our activities are quite well known in Sweden, but so far we only got one letter of protest from a web site owner,
a
> n
> d that protest was withdrawn when we explained WHY we are archiving everything.
>
> Recently Finland became the second nation to archive its web, other countries may follow. What about Britain?
>
> Best regards,
>
> Frans
>
> *********************************************************
> Frans Lettenstrom, Ph.D.
>
> Executive Officer, Information Technology
>
> BIBSAM (Dept for National Coordination and Development)
> The Royal Library, National Library of Sweden
>
> Mail: Box 5039, SE-102 41 Stockholm, Sweden
> Phone: +46 8 4634436
> Mobile: +46 70 5565503
> Fax: +46 8 4634274
> Telex: 812 6154 463 SICS S
> Teletex: 2401-812 6154 463=SICS
> Email: [log in to unmask]
> URL: http://www.kb.se/bibsam/frans/frans.htm
>
> Visiting address: Biblioteksgatan 25, Stockholm
> *********************************************************
>
> At 12.40 1997-09-09 +0000, you wrote:
> >
> >Following Geoff Lane's original posting to this newsgroup about the
> >activities of Alexa, CLA has sent an email to Alexa pointing out their
> >possible infringement of the CLA website's copyright restrictions.
> >
> >Although the issue of privacy and exclusion from the Alexa archiving (by
> >using robot exclusion tags in site HTML) both appear on the Alexa website
> >(alexa.com), we could find no mention of copyright.
> >
> >Clearly, the possible implications of copyright infringement go far beyond
> >the CLA website and any person or organisation that puts material on the
> >Internet and protects it with copyright should be aware of Alexa's
> >activities.
> >
> >For information, I have included below a copy of the entire email as sent to
> >Alexa.
> >
> >Robert Dyer
> >CLA Webmaster
> >
> >+++
> >
> >I am writing having read the information available on your site with regards
> >Alexa's archiving of World Wide Web site pages.
> >
> >I am advising you that all material stored on the CLA web server (all pages
> >beginning with the URL: http://www.cla.co.uk) is the copyright of the CLA
> >and restrictions on what you may do with this material are clearly stated.
> >
> >In particular, I draw your attention to the restriction which states that
> >you may only store (CLA site) material on a computer or cache "for a period
> >not exceeding 30 days".
> >
> >If you have archived material from the CLA website which is over 30 days old
> >then you are in breach of our copyright.
> >
> >If this is the case then I am formally giving you notice to remove all CLA
> >site material over 30 days old from your site within 10 days of the date of
> >this message and to continue to do so in future unless otherwise advised in
> >writing by the CLA.
> >
> >We are however willing to consider favourably any application for permission
> >to copy the material on our site for archival purposes, subject to
> >appropriate conditions to prevent misuse and/or misrepresentation.
> >
> >I note from your website that you comply with the Robot exclusion standard.
> >However, this does not exonerate you from your responsibility to comply with
> >copyright laws. We have no objection to the principle of archiving of the
> >Web (indeed, it may prove to be a valuable service to the community); but
> >the cavalier approach to our intellectual property (and indeed that of every
> >other site which you archive without the
> >consent of the copyright holder) cannot be tolerated.
> >
> >Please acknowledge receipt of this message and of your intentions with
> >respect to our copyright material.
> >
> >I look forward to hearing from you shortly.
> >
> >+++
> >
> >ENDS
> >
--
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Edward Barrow's Unofficial Internet Copyright Pages
http://www.plato32.demon.co.uk/Edward
---------------------------------------------------
"We must take care to guard against two extremes equally prejudicial; the
one, that men (and women) of ability, who have employed their time for the
service of their community, may not be deprived of their just merits, and
the reward of their ingenuity and labour; the other, that the world may not
be deprived of improvements, nor the progress of the arts be retarded"
- per Mansfield LJ in Sayre v. Moore, 1785.
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