Internet Archive Ordered to Block Books in Belgium (torrentfreak.com)
- Reference: 0179718498
- News link: https://news.slashdot.org/story/25/10/08/2253241/internet-archive-ordered-to-block-books-in-belgium
- Source link: https://torrentfreak.com/internet-archive-ordered-to-block-books-in-belgium-after-talks-with-publishers-fail/
> Back in July, the Brussels Business Court issued a sweeping ex parte site-blocking order targeting several "shadow libraries" including Anna's Archive, Libgen, and Z-Library. Unusually, the order also included the Internet Archive's Open Library, a project operated by the well-known U.S. non-profit organization Internet Archive. The order was granted based on a request from publishers and authors who claimed, among other things, that the operators of the targeted sites were difficult to identify. This also applied to the Internet Archive, which was not heard by the court before the order was issued.
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> [...] Over the past several weeks, Internet Archive attempted to reach an agreement with the publishers, but the effort was unsuccessful. It is clear, however, that the Internet Archive believes that its use of copyrighted books for the Open Library qualifies as fair use. The organization is known to purchase physical copies, which it then digitizes to lend out to patrons, one copy at a time. This self-digitizing project was [2]previously contested in a U.S. federal court, where the publishers ultimately came out as the winner. They argued that the Internet Archive project competed with their own licensing business for book lending. The detailed arguments at the center of the Belgian case are not public, but after hearing both sides, the Department for Combating Infringements of Copyright concluded that Internet Archive must take action.
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> In a [3]follow-up decision (PDF) published last week, the government department explicitly states that it can't rule on U.S. fair use or the Belgian equivalent, but concludes that self-blocking measures are warranted. The Internet Archive hosts the contested books and has the ability to render them inaccessible. If it refuses to do so, it may be considered a copyright infringer under local law. The final decision requires the rightsholders to supply the Internet Archive with a list of all books that should be blocked in Belgium. The non-profit then has 20 calendar days to implement the necessary measures. In addition to making the books unavailable, Internet Archive must also prevent these works from being made available for digital lending in the future.
[1] https://torrentfreak.com/internet-archive-ordered-to-block-books-in-belgium-after-talks-with-publishers-fail/
[2] https://yro.slashdot.org/story/25/09/15/228226/internet-archive-ends-legal-battle-with-record-labels-over-historic-recordings
[3] https://torrentfreak.com/images/251001-BAPO-D-NL-006-ENG.pdf
Enforcement (Score:2)
Since the Internet Archive doesn't have any legal entities in Belgium, it seems like if they don't voluntarily comply then the next step would be to ask ISPs to block the site in the country. That would be unfortunate for Belgians.
Re: Enforcement (Score:3)
It is more complex than that. The Internet Archive may have entities within the EU where Belgium may take action.
Let us assume, however, that the Internet Archive only exists within the United States. If one has the time and money, which a country like Belgium certainly does, there exists a mechanism within Federal and many state statutes to have a court enforce foreign judgments. There are a lot of "howevers" in this scenario, so you really need to be motivated.
If I was the Internet Archive I would opt
What books? (Score:2)
A list would be nice (doesn't seem to be included in the original article either) so everyone can be aware what purchases to avoid. Or whole publishers... i know - wild idea
Hercule Poirot... (Score:2)
Hercule Poirot of Agatha Christie murder mystery novels would be upset...and you'd think Belgium would make an exception for Agatha Christie's novels, as Poirot is a proud Belgian.
Now begins the trend of censorship on the Internet by nation-state boundary...there was the "dream" or fantasy that with the Internet the borders of nation-states would not matter.
JoshK.
Re:Hercule Poirot... (Score:4, Insightful)
"Now begins the trend of censorship on the Internet by nation-state boundary."
Begins?? Have you just stepped out of a time machine from the year 2000? Its been going on for years if not decades my friend in places like china, russia and north korea and they have far less noble reasons than trying to protect copyright.
Re: (Score:3)
A few years ago Amazon remotely deleted Nineteen Eighty Four from people's Kindle e-readers. Took all their notes with it. The issue was expiry of the licence for the book.
Re: (Score:2)
Censorship aside, it is really a shame more of the world does not have a 'First Amendment", I don't see the internet getting some enforceable national borders as a bad thing.
Nations and societies must have laws to function. Democratic nations have right enforce those laws ( derived from the consent of the governed ). Yes I would argue places like China DO NOT have a right to enforce their law, only the might to do it.
With so much commerce and general activity being online now nations need to both legal
Fuck censorship (Score:2)
It's damage and it will be routed around.
so what's the difference? (Score:2)
What do they think is the difference between a physical book library and a digital lending library?
or did the book publishers just make a lot of "charitable donations" and "campaign contributions" to tip the scales in their favor?
The people running the Archive are stupid assholes (Score:4, Interesting)
> The organization is known to purchase physical copies, which it then digitizes to lend out to patrons, one copy at a time. This self-digitizing project was previously contested in a U.S. federal court, where the publishers ultimately came out as the winner. They argued that the Internet Archive project competed with their own licensing business for book lending.
That's certainly one way of describing what happened. Another, more accurate, way would be to point out that the morons at the Archive decided to ignore that whole "one copy at a time" bit "because Covid" and gave the publishers a set of facts for their lawsuit that would not have supported their position any better if they'd been purposefully designed to do so.
Why stop there... (Score:1)
When they could nix novels in Nepal next?
Copyright is broken (Score:3)
Copyright is broken.
That doesn't mean it isn't useful, but it needs a total and utter re-think.
From treatment of abandon-ware, to geo-pricing, to excessive terms and lack of registration. And probably a bunch of others.
Sadly, if such a rethink ever came to pass, it would be dominated by monied interests. Common sense would leave the conversation at the moment the first bundle of cash was passed around the table.
Belgium (Score:4, Informative)
Some small factoids:
-Anna's archive are already blocked in Belgium. Only Belgium. So are the alternative URLs. It seems to be done at the cloudfare level. Easy to circumvent. Before, they blocked various sites via DNS poisoning, it was easy to circumvent by changing your DNS. Now you need a VPN.
-Belgium is a quite parochial country, especially the French-speaking side. It would be very Belgian to take measures that would work only if Belgium was the only country on Earth and not understand why it does not work or why the rest of the world does not care about the Belgian point of view.
-It is very difficult to hire competent civil servants in the IT sector (among others). Because unions are extremely powerful in Belgium and they block, for ideological reasons, the hiring of anyone at the market rate. Basically, you must offer very similar pay to everyone who has a diploma in X years. So the public sector salaries proposed to IT workers with a degree in 5 years are very close to the salaries that are proposed to someone with a paper pusher degree.
-There are workarounds to that hiring problem but they are not very common. For example an administration that realized after years that virtually nobody applied to their IT job offers has resolved to create a non-profit whose job is to provide IT services to said administration. To bypass the unions.
-In other words, the judges are likely poorly advised, the civil servants who have to implement judgments must be not very competent nor very motivated. Judges have the possibility to summon anyone as judiciary expert and you must respond to the summon, by law. But the justice will pay you at public rates which are ridiculous and take months to pay you, you may even have to sue them to be paid. So if you are summoned it is probably wiser to declare yourself incompetent and go home at peace.
Internet Archive Needs to Think Harder (Score:4, Insightful)
The Internet Archive’s fundamental duty is to preserve human knowledge — to ensure that cultural, scholarly, and historical materials are not lost to time, obscurity, or commercial impermanence. Preservation does not mean competing with publishers, nor does it mean undermining legitimate markets. It means ensuring that when something ceases to be readily available, it can still be found, studied, and remembered.
If a book is commercially available, widely distributed, and maintained by its rightsholders, then it is not in danger of disappearing. There is nothing for the Archive to “preserve” in that case; the responsibility lies with publishers and distributors. For such works, the Archive’s role should be standby stewardship — maintaining a secure, non-public copy to ensure continuity of access if and when availability lapses.
In contrast, for works that have fallen out of print, lost their commercial distribution, or exist in fragile physical form, the Archive’s duty is active and urgent. These are the works at real risk of vanishing, and preserving them — including through controlled digital lending — serves the public good and the historical record.
This approach strikes a balance between copyright compliance and cultural preservation:
The Archive would withhold digital access to works that are actively in print or licensed.
It would, however, retain preservation copies in its secure collections.
And it would make these available again only if those works become unavailable through ordinary channels.
By adopting this preservation-first, access-conditional model, the Internet Archive fulfills its mission without infringing upon the rights or revenues of living markets — ensuring that the world’s knowledge remains safe, even when the commercial world moves on.
Jurisdictional Overreach (Score:2)
Internet Archive doesn't need to do diddley-squat.
It is not a Belgian company, has no employees there, collects no taxes there, nada.
They should just ignore Belgian courts, and let the Begians have a hissy fit.
You could also turn off the service and that it. (Score:1)
Sometime, some people who think they are more important than they really are, just need a simple lesson: Be left alone in their corner of the world in isolation.
Meanwhile the rest of the world will enjoy a super important tool that Internet Archive is, and they will try to provide better way at enforcing copyright rules than just use the lazy and dumb way and accuse the wrong people and become the needle in the foot that nobody need, because you want to rules like a pyramid, and can't figure out how to puni
Re: (Score:2)
The order is to block access only in the country, so no problem for others. Probably no problem for Belgians too, at least the ones who use a VPN.
I don't think the internet Archive is so widely used that it refusing all access from Belgium will make people vote for different candidates.
Re: (Score:3)
> Sometime, some people who think they are more important than they really are, just need a simple lesson: Be left alone in their corner of the world in isolation.
> Meanwhile the rest of the world will enjoy a super important tool that Internet Archive is, and they will try to provide better way at enforcing copyright rules than just use the lazy and dumb way and accuse the wrong people and become the needle in the foot that nobody need, because you want to rules like a pyramid, and can't figure out how to punish the actual people who break copyrights, so instead you go after their upstream provider. And note that I am not against enforcing copyrights, but it need to be done in a proper way, not with this plain stupid method.
> Absolutely not acceptable.
It is simple. Some people might call it malicious compliance, but simply geoblock Belgium. I do it for EU countries on my websites.
Now of course, Belgium citizens can use VPN - that is how I test my geoblocking BTW - to access the forbidden materials, but then, that isn't the internet archive's problem, it is Belgium citizens breaking their country's laws. Then they can be dealt with internally.
Re: (Score:3)
I do occasionally wonder if random hobbyists with their own webpage get these kinds of notices and just throw them in the trash can with the scams and adverts. Not that folks self host webpages commonly nowadays, but it'd be funny to receive notices from various countries about how your page violates their laws written in a language you can't even read.
Re: (Score:1)
> I do occasionally wonder if random hobbyists with their own webpage get these kinds of notices and just throw them in the trash can with the scams and adverts. Not that folks self host webpages commonly nowadays, but it'd be funny to receive notices from various countries about how your page violates their laws written in a language you can't even read.
I wonder as well. The ambiguities abound. "Right to Forget" was one big one. I don't write the one that "might" have been a violation, but the possibly illegal page had identifiable names and statistics going back to the early 1950's, usually based on record setting in RF activities. So that started the geoblocking. And as the data was copyrighted, but free to download and excerpt, if I still had that page, Belgium would get special consideration as well.
I block EU now because of the brain dead demand to
Re: (Score:2)
> And I'm not the only one. Sometimes I forget to turn off the VPN, and a lot of sites block them.
What sites are you on?? I never get any geoblocking browsing from inside EU except from little news sites from broadcast TV in places like Oklohama that get linked to occasionally. Its so rare I can't even remember the last time I got geoblocked (normally the 451 http code)..... And I really appreciate the sites that allow me to block cookies. I get its 'work for you' but allowing the consumer to know 1) where their data is going to and 2) to block it WITHOUT logging in was one of the better moves of the EU
Re: (Score:2)
The Eu response to innovation is to pass more punitive regulation. This is why the US has SpaceX while the EU makes Lego bricks.