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The Internet Archive's $621M Legal Battle

By Michael Vincent on October 28, 2024

Did you know the Internet Archive operates out of an old church in San Francisco? Well, it does — and it’s at the centre of a massive lawsuit that could determine the future of digital preservation.

The story starts with shellac… Remember those old 78 rpm records? They’re brittle discs made from insect resin (yes, really) that were the main way people listened to music in the early 1900s. Not exactly high-fidelity stuff — think pops, hisses, and crackles galore.

Enter the Great 78 Project… The Internet Archive has digitized over 400k of these historical recordings. Great project, right? Well, major record labels don’t think so.

Here’s where it gets messy:

  • Universal, Sony, and other big labels are suing for $621M
  • They’re upset about 4,142 specific recordings (think Sinatra, Holiday, Elvis)
  • Each song could cost the Archive $150k in damages

The labels say:

  • “This is theft, not preservation”
  • These songs are already available elsewhere
  • Nobody needs crackling old versions when remastered ones exist

The Archive argues:

  • We’re a nonprofit library, not a pirate ship
  • These scratchy originals are totally different from modern remasters
  • Someone needs to preserve this stuff

Plot twist: The same labels suing over “preservation concerns” lost countless master recordings in a 2008 Universal Studios fire. Ironic, no?

The bigger picture: This isn’t just about old records — it’s about who controls access to our cultural history. The Archive is also fighting book publishers over its digital library practices.

Not-so-fun fact: If the labels win, it could shut down more than just the 78 project — it might kill the Internet Archive entirely.

Michael Vincent
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