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The Courts Piracy The Internet

Anna's Archive Faces Millions In Damages, Permanent Injunction (torrentfreak.com) 28

Anna's Archive, a meta-search engine for pirated books and other sources, faces monetary damages and a permanent injunction at a U.S. court. According to TorrentFreak, the operators of the site "failed to respond to a lawsuit filed by [Online Computer Library Center (OCLC)], after its WorldCat database was scraped and published online." From the report: The site launched in the fall of 2022, just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of 'free' books and articles to the broader public. Late last year, Anna's Archive expanded its offering by making information from OCLC's proprietary WorldCat database available online. The site's operators took more than a year to scrape several terabytes of data and published roughly 700 million unique records online, for free.

This 'metadata' heist was a massive breakthrough in the site's quest to archive as much published content as possible. However, OCLC wasn't pleased and responded with a lawsuit (PDF) at an Ohio federal court, accusing the site and its operators of hacking and demanding damages. The non-profit says that it spent more than a million dollars responding to Anna's Archive's alleged hacking efforts. Even then, it couldn't prevent the data from being released through a torrent. "Defendants, through the Anna's Archive domains, have made, and continue to make, all 2.2 TB of WorldCat data available for public download through its torrents," OCLC wrote in the complaint it filed in an Ohio federal court.

In the months that passed since then, the operators of Anna's Archive didn't respond in court. The only named defendant flat-out denied all connections to the site, and OCLC didn't receive any response from any of the official Anna's Archive email addresses that were served. Meanwhile, the pirate library continues to offer the WorldCat data, which is a major problem for the organization. Without the prospect of a two-sided legal battle, OCLC has now moved for a default judgment. [...] In addition to monetary damages, the non-profit also seeks injunctive relief. The motion doesn't specify the requested measures, but the original complaint sought an order that prevents Anna's Archive from scraping WorldCat data going forward. In addition, all previously scraped data should no longer be distributed. Instead, it should be destroyed in full, including all the torrents that are currently being offered.

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Anna's Archive Faces Millions In Damages, Permanent Injunction

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  • by Anonymous Coward on Tuesday July 09, 2024 @05:42AM (#64611987)

    IANAL, but
    -The WorldCat database is not copyrightable (Feist Publications, Inc., v. Rural Telephone Service Co. [wikipedia.org])
    -Scraping public websites is legal (hiQ Labs v. LinkedIn [wikipedia.org])

    You don't get to create a new category of imaginary property.

    • Re: (Score:3, Insightful)

      by 2TecTom ( 311314 )

      this is typical classism and crime, where the rich use corrupt laws to cheat and steal from the poor

      we see this all the time, face facts copyright is corruption

    • by AmiMoJo ( 196126 ) on Tuesday July 09, 2024 @07:46AM (#64612143) Homepage Journal

      And that's all assuming that US jurisdiction even applies to them.

      I stopped bothering to respond to legal threats from the US years ago. DMCA doesn't apply to me, and neither do any other US laws. At first I pointed that out, but all it does it waste your time getting into protracted legal arguments, so now I just ignore them.

      So maybe that's why they didn't get any response.

    • by phantomfive ( 622387 ) on Tuesday July 09, 2024 @08:01AM (#64612163) Journal
      It's not a copyright case. The allegedly violated laws (p 21) [torrentfreak.com] are:

      1) Breach of contract
      2) Unjust enrichment
      3) Tortious interference of contract
      4) Conspiracy to tortiously interfere with contract
      5) Tortious interference with prospective business relationships
      6) Conspiracy to tortiously interfere with prospective business relationships
      7 and 8) Hacking
      9) Trespass to Chattels
      10) Conspiracy to Trespass to Chattels
      11) Conversion (and conspiracy to convert)

      So breach of contract and hacking. I have no clue if the charges match the facts or not.
      • by WorBlux ( 1751716 ) on Tuesday July 09, 2024 @11:44AM (#64612877)

        Breach of contract here is pretty weak, as you can pull down most of this data without an account or even having to click through a TOS page. 3,4,5,7, and 8 fall away if 1 does.

        Unjust enrichment might stick, but it's pretty weak, OLpC databases and subscriptions aren't going to dry up because the value here isn't in the data per se, but in the cooperive management of it. The fact Anna incorporates unlawful sources and has no real corporate identity means it's useless to library members. It's unlikely here that olpc can prove they've lost any actual business or revenue here. I doubt they can point to one library that has canceled services and decided to use anna's archive instead.

        9. The only thing new here is increased server costs, which is still heavily reliant of the breach on contract theory. Trying to call the data in the database chattel property really isn't supported by law or any precedent that I know of.

        11. Is just plain silly even if you consider the database as chattel, because data is not tangible and conversion requires the intent to deprive the owner thereof. Copying is not theft.

    • by mspohr ( 589790 )

      All of the eager AI startups are scraping data from everywhere.
      How is this different?

  • by Eunomion ( 8640039 ) on Tuesday July 09, 2024 @05:53AM (#64611991)
    Many, if not most, of the books on pirate sites are relatively old and by all rights should not still be under copyright. The law has been made absurd, allowing extortionist copyright trolls to squat on what is basically folklore and demand toll payments without contributing anything to the value of the material.
    • by cascadingstylesheet ( 140919 ) on Tuesday July 09, 2024 @06:09AM (#64612011) Journal

      Many, if not most, of the books on pirate sites are relatively old and by all rights should not still be under copyright. The law has been made absurd, allowing extortionist copyright trolls to squat on what is basically folklore and demand toll payments without contributing anything to the value of the material.

      Indeed. It's almost as though the founding fathers knew what they weer doing, with copyright of 7 years, renewable once to a total of 14.

      • Indeed. It's almost as though the founding fathers knew what they weer doing, with copyright of 7 years, renewable once to a total of 14.

        I think it was 14+14 but anyway it was nothing compared with what's today, and back then the distribution was done ... I was about to say by steamboat but the steamboats were generations in the future at the time the law was written!

        What's worse the sickness got transferred with the same obnoxious lengths to software, I mean surely the public will greatly benefit if Window

      • by 2TecTom ( 311314 ) on Tuesday July 09, 2024 @07:29AM (#64612125) Homepage Journal

        they also knew that power corrupts and absolute power corrupts absolutely

        the problem is most people have forgotten this and are about to sell the founding fathers out and the rest of us down the river into economic slavery

        welcome to a classist state and our plutocracy

      • Past copyright terms were definitely more reasonable. Modern term extensions are literally cultural feudalism, treating literacy and curiosity as privileges that can be withheld from the common people at the will of the business elite.

        That said, there is a need for professionally curated collections like libraries that can ask for fees or donations. The value they add is authentication, since the public domain (and its shadier cousins in content piracy) is full of bad translations and randomly corrupte
  • Surely unless Anna's archive can be shown to be a US 'person' - human or corporate - the court has no jurisdiction. Perhaps it should base itself at Sealand, which I doubt has any copyright laws. OTOH such a move might upset our lords and master to the point where they finally end the anomaly of Sealand's existence.

    https://en.wikipedia.org/wiki/... [wikipedia.org]

    • Re: (Score:2, Informative)

      by Anonymous Coward

      US Law is seen by USA as World Law that's why they get non citizens extradited to USA for things that are not a crime in their homeland

  • by phantomfive ( 622387 ) on Tuesday July 09, 2024 @06:35AM (#64612045) Journal
    Anna's archive is hosted on cloudflare. Their registrar is Tucows. Surely they have not tried hard at all to find these people and serve them properly.
    • by AmiMoJo ( 196126 ) on Tuesday July 09, 2024 @07:52AM (#64612153) Homepage Journal

      Could the registrar release the information? They have two domains, one is .se which is Sweden. Sweden has GDPR rules so random enquiries from US based organizations should not result in the release of any personal information. The is .ge which is South Georgia and the Sandwich Islands.

      • Although the domain is from Sweden, the registrar (tucows) is in America/Canada. The registration data is public (but in this case hidden, I assume by the registrar).
  • by laughingskeptic ( 1004414 ) on Tuesday July 09, 2024 @08:37AM (#64612243)
    A non-profit whose mission is to catalog all published materials is upset that the catalog that it collected for the public good has been disseminated to the public? If the collection effort wasn't really for the public good then we need to talk about that non-profit status.
    • by Anonymous Coward

      The great sin was "making information from OCLC's proprietary WorldCat database available online."
      This is how you know they're not in it for the public good.
      Mirror the content of Project Gutenberg, Internet Archive, or Wikipedia, and they'll be grateful.

  • Didn't know about Anna's Archive. Never heard. Taken a visit and it looks like a very neat website. Pretty promising I must say.

  • So...I hope we can still still use the site's IP address before the DNS goes away.

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