To be more specific--short of granting the Internet Archive some sort of special library exemption--what if I were to say, create a special archive of popular cartoon strips. What's the distinction?
[EDIT: The retroactive robots.txt situation seems less clear but, like orphan works, also depends on the scenarios you care to devise.]
Should historians not read private letters sent long ago? Should they swear to some oath and take a moral stand that such things shouldn't be examined?
If the answer is "No, they should read them.", then in that same way, then why, for historical record, should we observe robots.txt? Isn't it the same thing?
Technically speaking a robots.txt that says
User-agent: * Disallow: /
means that you should not crawl the site today. It should have no effect whatsoever on displaying pages that WERE crawled before the timestamp on the robots.txt file.
I don't think there is an inarguable answer to my rhetorical question. People's intents and wishes do matter.
But there also is an idea from antiquity about the public good and the commons. I guess at some point my personal wishes get trumped by this overarching principle.
The whole point of the question was that someone would say "You may not read my love letters" and then society said "Too bad, we're doing it anyway. And reprinting it in highschool text books."
Is that ok? I don't think there's a clear line and I do think there are probably moral boundaries.
I'm by no means Lawrence Lessig and this type of discourse I'm really not experienced at. I do think there are many important questions here that we may need to rethink our thoughts on.
It's not our cultural tradition that every written work (train schedules, greeting cards, friendly notes, lolcats,etc.) must be archived at the Library of Congress. I'm not sure that it'd be a good idea.
Archive.org is a good idea.