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Internet Archive’s legal fights are over, but its founder mourns what was lost

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This month, the Internet Archive’s Wayback Machine archived its trillionth webpage, and the nonprofit invited its more than 1,200 library partners and 800,000 daily users to join a celebration of the moment. To honor “three decades of safeguarding the world’s online heritage,” the city of San Francisco declared October 22 to be “Internet Archive Day.” The Archive was also recently designated a federal depository library by Sen. Alex Padilla (D-Calif.), who proclaimed the organization a “perfect fit” to expand “access to federal government publications amid an increasingly digital landscape.”

The Internet Archive might sound like a thriving organization, but it only recently emerged from years of bruising copyright battles that threatened to bankrupt the beloved library project. In the end, the fight led to more than 500,000 books being removed from the Archive’s “Open Library.”

“We survived,” Internet Archive founder Brewster Kahle told Ars. “But it wiped out the Library.”

An Internet Archive spokesperson confirmed to Ars that the archive currently faces no major lawsuits and no active threats to its collections. Kahle thinks “the world became stupider” when the Open Library was gutted—but he’s moving forward with new ideas.

History of the Internet Archive

Kahle has been striving since 1996 to transform the Internet Archive into a digital Library of Alexandria—but “with a better fire protection plan,” joked Kyle Courtney, a copyright lawyer and librarian who leads the nonprofit eBook Study Group, which helps states update laws to protect libraries.

When the Wayback Machine was born in 2001 as a way to take snapshots of the web, Kahle told The New York Times that building free archives was “worth it.” He was also excited that the Wayback Machine had drawn renewed media attention to libraries.

At the time, law professor Lawrence Lessig predicted that the Internet Archive would face copyright battles, but he also believed that the Wayback Machine would change the way the public understood copyright fights.