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> but bulk collection of commercial works can't have this same public access treatment

And it doesn't.



The Internet Archive Lending Library did. And there are music, movie, and video game ROMs found throughout the user uploads.

IA should collect these materials, but they shouldn't be playing fast and loose by letting everyone have access to them. That's essentially providing the same services as the Pirate Bay under the guise of archivism.

This puts IA at extreme legal risk. Their mission is too important to play such games.




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