[LINK] The Internet Archive
Jan Whitaker
jwhit@PrimeNet.Com
Sat, 27 Oct 2001 06:56:28 +1000
At 11:17 AM 26/10/01 +1000, Roger Clarke wrote:
>Anyone like to speculate on the copyright aspects?
Here's what they say as action that can be taken if one objects:
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About the Archive
Terms of Use, Privacy Policy,
and Copyright Policy
Terms of Use
10 March 2001
This terms of use agreement (the "Agreement") governs your use of the
collection of Web pages and other digital
content (the "Collections") available through the Internet Archive (the
"Archive"). When accessing an archived page, you
will be presented with the terms of use agreement. By clicking the "I
Agree" button, you are agreeing to the terms of use
of the archive. If you do not agree to these terms, please do not use
the Archive’s Collections or its Web site (the "Site").
Access to the Archive’s Collections is provided at no cost to you and
is granted for scholarship and research purposes only.
The Archive, at its sole discretion, may provide you with a password to
access certain Collections, provided that you
complete any required application process and provide accurate
information in your application. You may use your
password only to access the Collections in ways consistent with this
Agreement — no other access to or use of the Site, the
Collections, or the Archive's services is authorized. You agree not to
interfere with the work of other users or Archive
personnel, servers, or resources. Further, you agree not to recirculate
your password to other people or organizations or to
copy offsite any part of the Collections without written permission.
Please report any unauthorized use of your password
promptly to info@archive.org. You acknowledge that you have read and
understood the Archive’s Privacy Policy and agree
that the Archive may collect, use, and distribute information pursuant
to that policy. If you provide any content to the
Archive, you grant the Archive a nonexclusive, royalty-free right to
use that content.
Some of the content available through the Archive may be governed by
local, national, and/or international laws and
regulations, and your use of such content is solely at your own risk.
You agree to abide by all applicable laws and
regulations, including intellectual property laws, in connection with
your use of the Archive. In particular, you certify that
your use of any part of the Archive's Collections will be noncommercial
and will be limited to noninfringing or fair use
under copyright law. In using the Archive's site, Collections, and/or
services, you further agree (a) not to violate anyone's
rights of privacy, (b) not to act in any way that might give rise to
civil or criminal liability, (c) not to use or attempt to use
another person's password, (d) not to collect or store personal data
about anyone, (e) not to infringe any copyright,
trademark, patent, or other proprietary rights of any person, (f) not
to transmit or facilitate the transmission of unsolicited
email ("spam"), (g) not to harass, threaten, or otherwise annoy anyone,
and (h) not to act in any way that might be
harmful to minors, including, without limitation, transmitting or
facilitating the transmission of child pornography, which is
prohibited by federal law and may be reported to the authorities should
it be discovered by the Archive.
You agree that we may contact you from time to time with surveys or
other questions regarding your opinions about and
uses of the Archive, as well as with information we believe may be of
interest to you. We encourage you to respond to
these surveys because we value your input, which will assist us in
improving the Archive. In addition, we request that,
according to standard academic practice, if you use the Archive's
Collections for any research that results in an article, a
book, or other publication, you list the Archive as a resource in your
bibliography.
While we collect publicly available Internet documents, sometimes
authors and publishers express a desire for their
documents not to be included in the Collections (by tagging a file for
robot exclusion or by contacting us or the original
crawler group). If the author or publisher of some part of the Archive
does not want his or her work in our Collections, then
we may remove that portion of the Collections without notice.
The Archive may immediately terminate this Agreement at its sole
discretion at any time upon written notice (including via
email) to you. Upon termination, you agree that the Archive may
immediately deactivate any password it has issued to
you and bar you from accessing the Collections or the Site.
The Archive may modify this Agreement from time to time, and your
continued use of the Collections and/or the Site
constitutes your acceptance of any and all modifications. The Archive
will attempt to notify you of substantial modifications
via the email address that you have registered with us, if any.
Because the content of the Collections comes from around the world and
from many different sectors, the Collections may
contain information that might be deemed offensive, disturbing,
pornographic, racist, sexist, bizarre, misleading,
fraudulent, or otherwise objectionable. The Archive does not endorse or
sponsor any content in the Collections, nor does it
guarantee or warrant that the content available in the Collections is
accurate, complete, noninfringing, or legally
accessible in your jurisdiction, and you agree that you are solely
responsible for abiding by all laws and regulations that
may be applicable to the viewing of the content. In addition, the
Collections are provided to you on an as-is and
as-available basis. You agree that your use of the Site and the
Collections is at your sole risk. You understand and agree
that the Archive makes no warranty or representation regarding the
accuracy, currency, completeness, reliability, or
usefulness of the content in the Collections, that the Site or the
Collections will meet your requirements, that access to
the Collections will be uninterrupted, timely, secure, or error free,
or that defects, if any, will be corrected. We make no
warranty of any kind, either express or implied.
You agree to indemnify and hold harmless the Internet Archive and its
parents, subsidiaries, affiliates, agents, officers,
directors, and employees from and against any and all liability, loss,
claims, damages, costs, and/or actions (including
attorneys’ fees) arising from your use of the Archive’s services, the
site, or the Collections. You agree that this Agreement
is governed by California law and that any suit arising from this
Agreement will be brought in San Francisco, California,
and you further agree that on the election and reasonable notice of
either party any litigation shall be referred to
arbitration pursuant to the California Code of Civil Procedure, §§1280
et seq. In addition, you agree that should any
provision in the Agreement be found invalid, unlawful, or
unenforceable, that provision shall not affect the validity or
enforceability of the remaining provisions.
Under no circumstances, including, without limitation, negligence,
shall the Archive or its parents, affiliates, officers,
employees, or agents be responsible for any indirect, incidental,
special, or consequential damages arising from or in
connection with the use of or the inability to use the Site or the
Collections, or any content contained on the Site or in the
Collections, or resulting from unauthorized access to the Collections
or your transmissions of data, including, without
limitation, damages for loss of profits, use, data, or other
intangibles, even if the Archive has been advised of the
possibility of such damages. Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or
consequential damages, so some of the above may not apply to you.
This Agreement, the Privacy Policy, and other policies posted on the
Site constitute the full and complete agreement
between you and the Archive and are not intended to inure to
third-party beneficiaries.
We welcome your input. Please contact us with any comments or questions
at info@archive.org.
Privacy Policy
10 March 2001
The Internet Archive (the "Archive") is committed to making its
constantly growing collection of Web pages and other
forms of digital content (the "Collections") freely available to
researchers, historians, scholars, and others ("Researchers")
for purposes of benefit to the public. The Archive offers access to
some of its Collections mainly by allowing Researchers
to access its Unix machines. This open approach is somewhat like the
situation in a public library, where staff and patrons
might see who else was in the library and a bit of what they were
working on. When Researchers using the Collections log
on to the same Unix machine using different accounts, some sharing of
information may take place. While the Archive
endeavors to enforce its Terms of Use
(http://www.archive.org/terms/index.html) and maintain standard computer
security, it is important for both those who visit the site
("Visitors") and Researchers (collectively, "Users") to be aware of
the open nature of the Archive.
The Archive may make changes to this policy from time to time and will
notify you of such changes by posting an updated
date in the Terms, Privacy, and Copyright link at the bottom the home
page of the Archive's Web site (the "Site"). Your
continued use of the Site and/or the Collections constitutes your
acceptance of any changes to the Privacy Policy
concerning, but not limited to, both previously and prospectively
collected information.
What Personal Information May the Archive Have on Its Computers and
Systems?
Because the Archive uses standard Web logging in its Web servers, our
Web server may automatically recognize the
domain name of each Visitor, each Visitor’s IP address, what Web page
the Visitor requests, and the time of the request,
along with a variety of information supplied by the visitor’s browser.
See www.microsoft.com and www.netscape.com for
information about the Microsoft Internet Explorer and Netscape
Navigator browsers, and see www.apache.org for details
about Web logs.
In addition, the Archive may collect the email addresses and messages
of those who communicate with it via email or who
enter email addresses in forms.
The Archive may collect personally identifying information when a
Researcher registers for access to the Collections,
including the Researcher’s name, address, telephone number, and email
address, and the Researcher’s proposal for
using the Collections.
The Archive may use "cookies" to track Users' activities on the Site
and in the Collections. Cookies are small files that a
server transfers to the hard drive of someone who visits a site and
that the server can access when the person returns to
the site.
The primary sources of content for the Collections are publicly
accessible Web pages that were collected and donated by
third parties, but the Archive will expand on such sources through its
own collection activities. For instructions on removing
a particular set of pages currently included in the Collections, please
see our policies and procedures for page removal.
The communications between you and the Archive may pass through many
machines, operating systems, programs,
browsers, Web servers, networks, routers, Ethernet switches, Internet
service providers, proxy servers, intranets, the public
phone system, or other devices (collectively, "Devices") on your
premises, at the Archive, and in between. Some of these
Devices create logs of activities that are recorded on computer systems.
What Might the Internet Archive Do With the Information on Its Computers?
The Archive has no present intention to charge for access to the
Collections. The Archive may transfer the information on
its machines, including personally identifying information, into the
Collections. The Collections are made available to
researchers and may be made available on the Site, or provided to third
parties, for any use, without limitation. For
instance, parts of the Collections are now in the collections of the
Library of Congress and the Smithsonian Institution.
Advances in data mining technology may make it possible to discover
more personally identifiable information or profiles
in the Collections.
The Archive may disclose any information it collects from Users if the
Archive believes in good faith that such action is
reasonably necessary to enforce its Terms of Use or other policies, to
comply with the law, to comply with legal process, to
operate its systems properly, or to protect the rights or property of
itself, its Users, or others.
It is possible that the computers at the Archive could become
compromised by others and that the information on the
Archive’s computers could be collected and disseminated without the
knowledge or consent of the Archive. While the
Archive endeavors to block "crackers" from breaking into its machines,
the Archive is not responsible or liable for any such
unauthorized uses of the Archive or its data.
How to Update Researcher Registration Information
Researchers can help the Archive maintain the accuracy of their
information by notifying the Archive of any changes in
their address, title, phone number, or email address. Contact the
Archive by email at info@archive.org to see, update, or
delete your information.
http://www.archive.org/terms/index.html#Privacy_Policy [there is a
somewhat privacy policy too that doesn't make me comfortable at all]
Copyright Policy
10 March 2001
The Internet Archive respects the intellectual property rights and
other proprietary rights of others. The Internet Archive
may, in appropriate circumstances and at its discretion, remove certain
content or disable access to content that appears
to infringe the copyright or other intellectual property rights of
others. If you believe that your copyright has been violated
by material available through the Internet Archive, please provide the
Internet Archive Copyright Agent with the following
information:
Identification of the copyrighted work that you claim has been
infringed;
An exact description of where the material about which you
complain is located within the Internet Archive
collections;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that
you are the owner of the copyright interest involved or are
authorized to act on behalf of that owner; and
Your electronic or physical signature.
Jan
JLWhitaker Associates
Melbourne, Victoria, Australia
jwhit@primenet.com -- http://www.primenet.com/~jwhit/whitentr.htm