Assembler Backup username preservation!

[Nemesis]

"You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content. You retain copyright over the Content."

There is no rights to Joe random to copy the information.

Archive.org has a legal exemption to copyright to allow them to do what they are doing.

So technically speaking, you don't have the right to copy it, especially if the original poster requests you don't.

The provision for archive.org isn't a specific carve-out, it's a general provision covered by the fair-use category for " legitimate research, study or preservation purposes". The archiving of the assemblergames site as a whole here is a clear-cut case of preservation, in this case saving the information held there from the digital oblivion to follow. The same rules that give archive.org the all clear here apply to anyone else. IANAL, but unless specific takedown requests are made by individual copyright holders for their specific content, there's no issue here. The right to archive the site as a whole is covered by fair use.

 

[Bad_Ad84]

Yes and someone specifically said they don't give permission above and the reply was basically "it's posted in public and I can do what I want with it".

Also the exemptions for archiving are for museums etc. Not just Joe public.

Also not a lawyer, but you can't just copy stuff and claim its for archiving and preservation. Theres exceptions specifically for museums and archives, not the public.

The specific thing for archive.org was an exemption to the dmca. Copyright one is for library's etc

And this is just the USA rules - it gets into a right mess when you factor in people post from all over the world.

But again, as it's clearly not clear... I dont care what's done with my content, I am glad it's being backed up. I just wouldn't claim I can do what I want with your content, which is we are now talking about this.

My way to approach the whole thing is back it up and post it. If someone wants to take it down, honour it.

Seems the sensible, fair and honourable way to handle the whole affair imo.

 

[Nemesis]

Well to be fair you can claim whatever you want, but whether it would stand up in court is another matter. I didn't read anything in the legalese about the need to do anything to qualify as some kind of accepted institution in order to claim that provision, but of course in court you'd have to make your case that your claim is legitimate, and there could well be legal precedent setting additional requirements here.

 

[Bad_Ad84]

"An exception to copyright allows cultural and heritage organisations (publicly accessible libraries, educational establishments museums and archives, film and audio heritage institutions and public service broadcasting organisations)"

I'd just stick to what I said above - if someone requests their stuff taken down - take it down. Think that would be the simple resolution.

Not that I want any of it deleted! Plus, it's been posted to archive.org who does have an exception - so deleting from one backup won't get rid of them all, so it's a waste of time attempting it! But people are within their right to try if they want

 

[Nemesis]

That's a different provision, covering an explicit exception from copyright requirements entirely for particular institutions, but the fair use exception is more general and flexible in regard to who it applies, by design really, so legitimate groups or organisations can lay claim to a level of protection, if they can argue the point of "fair use", which is really where the courts are left the flexibility to determine if that provision applies in individual cases.

The virtue of a flexible exception such as fair use/fair dealing is that the law can enable uses of copyright- protected content that were not foreseen when the law, with whatever specific exceptions for archives it may contain, was developed. It helps to keep the law up-to- date with technology, and with new ways of learning and sharing.

[Reference: https://www.ica.org/en/copyright-exceptions-for-archives-a-checklist]
Laws vary between countries of course too though, making this a bit of a legal minefield, but the fair use exemption does offer a reasonable defence in cases like this, or at the very least makes it grey area rather than black and white.

Anyway, don't want to make this a 50 page thread about copyright law, just wanted to throw in my 2c. I researched this quite a bit as I'm claiming this provision myself for a techdocs site here, which is still on my to-do list.

 

[Bad_Ad84]

Basically, copyright is complicated and not the same across the world.

If you think you are right and don't mind defending it in court - you can do what you want. But don't just assume you are correct from the outset.

I think we basically see this the same way. I also agree on not dragging this on.

 

[neo]

Selling my AG username and credentials.

Come enjoy part of history you missed.

$50 - code for doing this username verification
$100 - code above and also username & password combo.

Feel free to reply here

 

[Tongara]

Selling my AG username and credentials.

Come enjoy part of history you missed.

$50 - code for doing this username verification
$100 - code above and also username & password combo.

Feel free to reply here

Hahaha what?

 

[Lethaltail]

Selling my AG username and credentials.

Come enjoy part of history you missed.

$50 - code for doing this username verification
$100 - code above and also username & password combo.

Feel free to reply here

i lol'd

 

[Chaotic Mind]

Another wanting to sell AG credentials? Lmao
I give my account out freely for use to those who actually need it. (Only reason one would need it is to do a scrape of 0th bit.)

 

[Bad_Ad84]

He's joking.

 

[MonkeyBoyJoey]

After hearing that the personal info such as passwords and stuff isn't saved, I feel much better about this. To be more clear about my standing, I do like the idea of AG being back up and usable again but it won't be the same. The user base will be mostly gone so the site will probably not have a lot of traffic. I definitely will be securing my username if it goes live. I do not have an issue with my posts remaining as it will prevent holes in threads.

 

[Chaotic Mind]

I know.

 

[dj898]

ok. I do not give my permission to archive any of my content in AG archive. there I said it.

 

[Tongara]

You're all unfortunately going to need an "ASSEMblergames.com Gold Account" to see my posts on this new incarnation.

 

[Tyree_Cooper]

Let's move to the right guys.
Past <---> Future

 

[Nemesis]

Hey, we're a retro gaming community. Living in the past is what we do!

 

[Greg2600]

Hmmm, to be honest, if the old content could have been migrated to an Active forum, I would be all for it!

 

[cta]

Nah. New forum, new identity. Let's make it a surprise wether I turn out to be useful again, or maybe just become a shitposter this time 'round. Last time I was here (before the board went tits up) the community seemed a bit cancerous tbh, so we'll see how it goes...

 

[Leynos]

Cool. Like my current name tho