Please move out of USA where trolls are more prevalent
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There must be a lot of complicated aspects to this that I don't understand.
The right course of action seems obvious to me...
Firstly spin out a separate organisation to manage the wayback machine. It shouldn't be part of the pot defending against litigation like this.
Secondly, and I feel silly saying this but... don't institutionalise the perpetration of rights violations? In the age of distributed databases and the dark web and the block chain and federation surely we can figure out a way to archive media that doesn't put people or organisations at risk of litigation.
Finally, if the individuals involved with IA are not liable for the debts of IA then the organisation should fold because that's practically free compared to defending against these litigious assholes.
The reason this is as public as it is is because an archive like this is more useful the more is archived. If you manage it in an entirely hidden way, you basically won't get it accessible from the clearnet and are relegated to keep it on Tor or similar. And once you do that, a lot less people will use it and thus it'll be a lot less useful.
Also, they are not only fighting for an archive to exist, they're fighting for it being a societally acceptable thing to exist.
The Internet Archive should seriously consider moving outside US juristiction.
irc, it's already backed up to multiple other countries. I assume this isn't some crazy idea, and they've considered this themselves.
Donate to help their defense, or donate to help them move their infrastructure. I think they need money more than they need big brain ideas.
willing to bet that the ia does a million more for artists than the record labels ever did