> “For LPs and CDs, that’s exactly what we do,” he says. “Seventy-eights, we asked around, we dealt with a lot of collectors, they just said it’s not a problem.” (In an email, Kahle further notes that the Great 78 Project “predates the MMA” and that the “record labels knew about it.”)

> But there’s an even more blunt, obvious way of asking this question that doesn’t require knowledge of byzantine U.S. copyright law. Why didn’t the Internet Archive just think twice before making a song like “The Frim Fram Sauce” or Bing Crosby’s “White Christmas” — the most popular single of all time — available online for free? There wasn’t any concern about even a Frank Sinatra hit on 78?

> For a few moments, it’s just the hearty horns of Bob Haggart and His Orchestra. “It wasn’t a problem,” Kahle says after a beat. “We talked to people, it wasn’t a problem.”

Seriously? Like, why not do this in a responsible way instead of a way that is going to create bad case law?