And if you look hard enough today, deep in the un-indexed corners of archive.org , you can still find a .rar file from 2005, uploaded by "Anonymous," timestamped November 12th, with a readme that says: "Preserve this. They won't."
To utter the phrase “Internet Archive pirates 2005” today might sound like a contradiction. The Internet Archive (archive.org) is now a beloved, 501(c)(3) non-profit digital library, home to the Wayback Machine and millions of public domain texts. But in 2005, to a specific subculture of gamers, retro-computing enthusiasts, and media preservationists, the Archive was the greatest pirate vessel ever to sail the information superhighway.
In 2005, physical media was dying, but digital storefronts (Steam was only two years old and hated by gamers) were not yet trustworthy. The result was a massive gray market for "abandonware"—software whose copyright holder had gone out of business, been absorbed, or simply stopped supporting the product. internet archive pirates 2005
They were wrong about the law. But they were right about the culture. This article is a historical analysis of user behavior and copyright norms in 2005. The Internet Archive now operates in full compliance with copyright law, and users should respect the intellectual property of rights holders.
But the scars—and the trophies—of 2005 remain. And if you look hard enough today, deep
But copyright law disagreed. The Sonny Bono Copyright Term Extension Act (1998) ensured that almost nothing from 1980 onwards was public domain in 2005. By the letter of the law, downloading Super Mario Bros. from the Archive was identical to stealing a DVD from Wal-Mart. Why didn't the FBI shut down the Internet Archive in 2005?
Kahle was a brilliant defender. He argued that the Archive was a library. Under the DMCA, libraries have safe harbors if they respond to takedown notices. The Archive did respond—slowly, painfully, and often after the file had been mirrored a hundred times. The Noise Problem: 2005 was the year of the "Blu-ray vs. HD DVD" war and the iPod video. The media industry was suing grandmothers and 12-year-olds for downloading Guns N' Roses on LimeWire. They spent millions fighting peer-to-peer networks. Suing a non-profit library in San Francisco for hosting a 1987 PC booter game was bad PR. The "No Profit" Clause: Because the Archive never charged a dime, never ran ads on the file pages (though they did solicit donations), it lacked the commercial smell that attracted federal prosecutors. It was ideological piracy. The Legacy: From Buccaneers to Librarians By 2010, the tide had turned. The launch of GOG.com (Good Old Games) in 2008 began to legitimize the abandonware market. Steam grew up. Suddenly, the "pirates" of 2005 looked less like criminals and more like prophets. But in 2005, to a specific subculture of
Enter the Internet Archive.