Regardless of what happens here, one of the biggest losses in historical music archives was when what.cd got taken down. Regardless of copyright, it does feel like there is a place for archival indexing of historical recordings. I wish there was some sort of law protecting this. What.cd was clearly offending copyright, with the historical value being a secondary effect, but the internet archive's intent here clearly isn't copyright violation.
Intent should matter.
I'll never forgive the copyright monopolists for the closing of what.cd. The world lost another library of alexandria that day. Don't care what the law says, how many of their "rights" were infringed, how much money it was costing them. I'll never forgive them for it.
> Regardless of copyright, it does feel like there is a place for archival indexing of historical recordings.
Does anyone have a link to such an index for what.cd? Just the following:
* album/track string plus minimal metadata (release date or whatever)
* hash for the track that goes along with that given piece of unique metadata
Such a thing is obviously on the right side of the law-- you can't reconstruct the copyrighted content from the hash or the title. And the name of an artist/track title isn't copyrightable.
That would be a valuable index that shows the exact state of what.cd's database before it was taken down. And I don't think it would be that large.
They can archive things without breaching copyright. Why not digitise your 78rpm copy of White Christmas, stick it in the vault, and publish it when the copyright expires?
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Yes, but it shouldn't have to. The youngest recordings we're talking about are ~65 years old. Few people even have gear to play the discs. Have the authors of these songs, the players on the recordings and the publishers of these discs not had enough of a chance to make their money? I'll take whatever judgement I can get in favor of the Internet Archive, but I think we should be aiming for a principled stance of enough copyright is enough!