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stories filed under: "libraries"
Culture

Culture

by Mike Masnick


Filed Under:
barbara fister, books, information, libraries, open access, prices, reading



Oh No! Nobody Reads! Oh No! It's Too Cheap For Everyone To Read!

from the accessibility-is-a-good-thing dept

We recently wrote about how booksellers were freaking out over the "price war" between Amazon and Wal-Mart, whereby they're starting to offer certain books at a very cheap price to bring in more customers. The whole thing was a bit silly. Reader Robin Trehaeven alerts us to a fantastic opinion piece in the Library Journal by Barbara Fister, a librarian at Gustavus Adolphus College, in which she does a superb job mocking what she refers to as the "accessibility paradox" where those who are used to being gatekeepers to information at the same time as they're supposedly promoting the benefits of greater information, suddenly start whining when information really does get more accessible. This includes those booksellers:

I'm also taken aback by the horrified response of the book industry. I thought the big crisis was that nobody reads. Now it turns out the problem is that books are so popular with the masses they're being used as bait to draw in shoppers.

Come on, guys, get your story straight! Which is it?
But most of her brilliant sarcasm is directed at those in her own profession, who both work hard to get information for free, at the same time they complain about how the internet has made it so easy to route around librarians:
It strikes me that this issue is somewhat parallel to the love-hate relationship that many academic librarians have had with the Internet. Although our complicated relationship is improving, there are still some silly assumptions floating around. Oh no, our reference stats are down! Hurrah! People are able to find answers without our help. That's awesome! Anybody can publish on the web, unlike scholarly journals which are peer-reviewed. Fine, but don't tell me all peer-reviewed journal articles are shining examples of reason and academic brilliance. A lot of them are finely-sliced research rehashing the same findings, or are closely examined and exquisitely detailed trivia. Besides, there are plenty of examples of peer review failing in spectacular ways--and examples of wonderful peer-reviewed journals that were born free online.

But this is my favorite: Unlike information you find on the web, we pay for the information in our databases, and you get what you pay for. No, actually, with what you pay for you get a lot of junk that you don't even want, but you have no choice.

You want this journal? You have to subscribe to this pricey bundle. Either that, or you purchase one article at a time for your users, something more and more libraries are doing. You spend less, but the information never visits the library--it goes straight from the publisher to the desk of one user. All the library gets is the bill. Apart from failing on its merits, the argument that paid is better than free is self-contradicting. We can't tell students that purchased information is by definition better than free and, at the same time, beg faculty to recognize how broken the current system is and please, please, please make their work open access.
It's a great overall column, and nice to see a librarian lay the smackdown on hypocrisy within the bookselling and librarian worlds.

18 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
canada, copy shops, copyright, liability, libraries, photocopiers

Companies:
access copyright



Copyright Holders Shutting Down University Copy Shops; Libraries Need To Worry About Photocopier Infringement

from the librarians-beware dept

It looks like copyright holders, in their non-stop effort to make themselves look even more evil, are now aggressively going after university copy shops. Up in Canada, Access Copyright hasn't just won a legal dispute against a Toronto copy shop, but has gleefully seized the photocopiers from the shop. Then, not all that far away in Eastern Michigan, a court found a copy shop to be directly liable for copies made by students. As the post at the Exclusive Rights blog explains, you would expect the copy shop to be liable for secondary infringement, rather than directly liable... but not in this case. And that's problematic for a variety of reasons. Even the publishers in question didn't seem to think they had a chance on direct liability, and only mentioned it in one sentence, while most of the complaint focused on secondary liability. So why is this a problem?

The reason this matters is that to find someone to be liable under secondary infringement (contributory liability), a plaintiff must show that the defendant had knowledge or reason to have knowledge of the direct infringement. This is one of the two mechanisms, along with fair use, that shields libraries from liability if they keep a copy machine by their shelves. If an entity can be directly liable for providing and maintaining a copy machine, and taking payment for copies made on the machine, then libraries have lost a not insignificant shield.
So, watch out librarians. You may have just acquired a bunch of liability. Look out for copyright holders stopping by to seize your photocopiers. Update: The author of that original post, Shourin Sen, has added an update, to take into account questions some people raised concerning 17 USC 118(f) which provides a special exemption for libraries -- but notes that those safe harbors could be under attack as well.

34 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
ebooks, lending, libraries, permission, publishers



Do Libraries Need Permission To Lend Out Ebooks?

from the they-shouldn't dept

Reader OG points us to this NY Times article about how libraries are increasingly offering ebooks for download. This, of course, seems like a good idea, and fits in with the purpose of a library, but where the article gets either laughable or head-bangingly annoying is where it starts discussing how publishers have serious problems with this whole concept. Some publishers are refusing to allow libraries to lend out their ebooks...which makes me wonder why the publishers have any say in the matter. Thanks to the right of first sale, a library should be able to lend out an ebook if it's legally purchased it without having to get the publisher's permission.

Furthermore, the rest of the discussion is just silly. There are arguments about how many ebooks can be "checked out" at once or how the DRM works (which blocks the most popular ebook readers from being supported). There's also an issue of publishers charging libraries much higher prices for ebooks, and scoffing at a librarian who suggests that libraries should be allowed to offer as many copies as needed of an ebook to lend at the same time, and just pay the publishers a nominal fee.

It's hard to describe how insane this whole discussion sounds. Here you have a fantastic tool to support a library's main purpose in the world, and we're arguing over what sorts of artificial restrictions to set up to limit that tool from actually being useful? It's as if we discovered a way to make all the food the world ever needed, and we sit around talking about how to make sure that most people don't get fed. It would make me laugh if it weren't so disturbing that people seem to think this is a good thing.

52 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
brian edwards, copyright, libraries, new zealand



New Zealand Author Claims Libraries Are Involved In Grand Theft By Loaning Books

from the this-has-to-be-parody,-right? dept

Via Family Holloway, I came across a short opinion piece by Brian Edwards bitching about how libraries are facilitating book theft. At first, I honestly thought it was a joke or a parody, to make fun of those who complain about online "piracy," but I actually think he's serious. I'd never heard of Edwards, but apparently he's a big media personality and author in New Zealand. And, boy, does he hate the fact that libraries don't pay him every time someone checks out a book:

What pisses me off as an author is that for every person who buys your book, dozens of other bludgers get to read it for nothing. Let me give you an example. A few years back I wrote a biography of Helen Clark. It took about six months to write and during that time I had effectively no other income. The book retailed at $45. On the standard author's royalty of 10%, I got $4.50 for every copy sold. Helen, Portrait of a Prime Minister sold 9,000 copies, a reasonable if not spectacular figure in the New Zealand market. So I got $40,500 before tax for my six month's work.

I'm not complaining about that either. But...

Every public library in New Zealand bought at least one copy of Helen. And they lent each of those copies to other people to read for... nothing. Last year there were still 227.4 copies of the book in New Zealand public libraries. If each of those copies was taken out by one person a month, that's 2,729 people who read but didn't pay for my book -- my six month's work. At $4.50 per unsold copy, that's a theoretical loss of income to me in one year of $12,280.
While he later admits that not all of those people (and he made up the numbers anyway...) would have bought the book, but them immediately follows that statement up with this doozy:
But there's a principle here: when one person buys a book and lends it to another person to read, they effectively become an accessory to theft. Their generous act amounts to little more than stealing the author's work. When a public library buys a book and lends it to thousands of other people to read, it's grand theft copyright and really no different from illegally downloading music or movies or copying CDs or DVDs on your computer.
For someone who positions himself as an expert, he seems to have almost no understanding of the purpose of copyright law or of the public library systems. In the end, he says that libraries should pay him 1/4 of the usual book sale royalty per loan of his book. So, in his case, $1.13 every time the book is loaned out. Apparently, he doesn't quite realize that he's basically asking the public libraries, funded by public tax dollars, to subsidize him. The original Holloway link above does a nice job schooling Edwards, and then discusses things in more detail with Edwards in the comments -- though Edwards seems unwilling to budge on his claims of libraries being theives, or to understand basic common sense. Someone points out to him that if he bought a chainsaw, it would be ridiculous to stop him from lending it to someone, and his response is: "There is no intellectual property in a chainsaw."

Edwards also seems fully enamored with the myth that copyright law is based on some sort of "labor theory" -- that the more time you put in, somehow the more money you deserve to get out. While I'm unfamiliar with New Zealand copyright law, in the US, such theories have been widely discredited in the courts repeatedly. And, of course, they make no sense when viewed alongside the actual purpose of copyright law. Edwards seems to believe that copyright is welfare for creators, rather than an incentive to create.

In the meantime, perhaps the public libraries of New Zealand can do Mr. Edwards a favor next time he publishes a book: don't buy it. Ditto for anyone who might think of lending it... er... I mean, being an accessory to a crime in distributing copyrighted materials.

98 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
confusion, copyright law, libraries, unpublished



Want To Get A Sense Of Just How Complex And Confusing Copyright Law Really Is?

from the then-check-this-out... dept

Michael Scott points us to an article concerning the Library of Congress issuing a report on how copyright law applies to libraries who possess unpublished audio works recorded prior to 1972. The problem, you see, is that no one was exactly sure whether or not these recordings were actually covered by copyright law. The real problem, though, becomes pretty clear pretty quickly as you read through the article: copyright law is a house of cards. We just keep layering new rules on top of old rules, and figure the courts will sort out the places where they contradict, overlap or confuse. But that leaves a ton of uncertainty in a variety of situations -- including this particular one. It should be a simple question: if a library is in possession of an unpublished sound recording from before 1972, what's the copyright status? But the mess that is copyright law makes it such that it's hardly an easy question at all -- and actually requires an 85-page report from the Library of Congress to go through all of the nuances. And then your everday individual is expected to understand what is "right" and "wrong" in copyright law?

8 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
copyright, ebooks, kindle, lending, libraries



Can A Library Lend A Kindle?

from the copyright-questions-for-fun-and-for-profit dept

Michael Scott point us to a fascinating question that an increasing number of libraries are starting to ask: is it legal to lend out a Kindle with some ebooks? Amazon says no -- and claims that it's a violation of the terms of service, but libraries are claiming that isn't true. The terms only bans lending out the ebooks themselves... not the device that has a purchased ebook on it (an important distinction). So, some libraries have been buying Kindles and purchasing a series of books (usually best sellers that are in high demand) and lending out the device. However, Amazon claims that it won't discuss "enforcement" on this issue, which might mean that it's not doing any -- or might mean get ready for the lawsuits. Of course, this isn't an entirely new issue. Years back, we talked about some libraries lending out audiobooks on iPods, but it seems like the Kindle situation could get a lot more attention... including the legal kind of attention.

38 Comments | Leave a Comment..

 
Venture Capital

Venture Capital

by Mike Masnick


Filed Under:
libraries, video games

Companies:
american library association



American Library Association Pushes For More Video Games In Libraries

from the someone-alert-Nebraska dept

Just last week, we wrote about how officials in Nebraska were coming down hard on a library for buying a PS2 and the game Rock Band as an educational tool and a way to bring more kids to the library. The officials there (and many in our comments) seemed to think that there was no redeeming value for the library to do so. Yet, as reader Tyler Hipwell points out, the American Library Association is now pushing new gaming in libraries initiatives, including an online toolkit for building up gaming resources at the library. Someone should alert officials in Nebraska.

18 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
catalog info, copyright, database rights, libraries, openness, ownership, worldcat

Companies:
oclc



Landgrab For Ownership Of Library Catalog Data

from the not-good dept

There's been an interesting (and somewhat troubling) behind the scenes fight going on concerning library catalog data over the past few months. The Online Computer Library Center (OCLC) is a nonprofit, made up of member libraries that basically tries to help facilitate access to information among libraries. That seems like a good thing. One of its offerings is WorldCat -- basically a big online catalog of library collections, so that it's easy for anyone to find books that are available at other libraries. This, obviously, seems quite useful, and many libraries agree and are a part of WorldCat. However, a month ago, OCLC announced new policies for WorldCat that effectively allowed OCLC to claim ownership over the records that any library put in its system -- and, upon doing so, limiting what libraries could do with that data (such as, say, giving it to competing cataloging services).

This has many in the library community quite reasonably worried, with specific questions about who should be allowed to "own" library records. As that last link shows, there are a number of different people and organizations involved in the creation of a basic library database record, and basically the only thing OCLC is doing is putting it online. It's difficult to see how they can then claim ownership of it.

While this may be new in the library space, this type of debate has raged for years in other arenas, and some of the findings from those earlier battles may be instructive. The issue has to do with the concept of "database rights." Normally, factual information is not subject to any sort of copyright or ownership rights for rather obvious reasons (how do you own a fact?). However, some believe that there should be separate "database rights" that allow ownership of the compilation of certain factual information. For the most part, the US has denied this right, while Europe has allowed it -- and the results have shown, quite clearly, that the US made the right decision. Ownership of database rights tends to damaging to business while allowing the data to remain free can help build booming industries.

In this case, the scenario is a little different, because OCLC isn't trying to claim a government backed "database right" over the content, but instead wants to achieve the same effective result via a unilateral change to its terms of service -- including a bit of viral licensing code that forces the "ownership" to travel with the data. OCLC doesn't really appear to have any legal authority here, but are trying to force it through by contract -- for which I'd say there's a decent chance it wouldn't hold up in court, though no one wants it to get that far. Between the unilateral change, the claiming of ownership of others' works (including public domain contributions from the Library of Congress) and the lack of database copyrights, you could probably make a good argument that the OCLC's policy change has no weight. Still, in the short term, a much better solution would be for OCLC to back off its silly ownership claim, recognize the power of open sharing of information, and focus on adding additional benefits and services for why libraries should want to work with OCLC over competitors, rather than trying to use slimy contract terms to block out competitors. And, of course, hopefully OCLC learns that pissing off your partners and customers by dumping draconian ownership claims on them is never a good business strategy.

10 Comments | Leave a Comment..

 
Politics

Politics

by Mike Masnick


Filed Under:
copa, dopa, filters, libraries, protect the children, schools, social networks



As COPA Goes Down, DOPA Comes Back

from the ropa-dopa dept

But think of the children! It never seems to stop. Just as yet another court has ruled that the COPA law is unconstitutional, some folks in Congress are trying to bring back its sister legislation, DOPA. COPA (the Child Online Protection Act) required websites to block objectionable material. DOPA (the Deleting Online Predators Act) is much more narrowly focused, requiring schools and libraries to put in place filters that block access to social networks. Why? Well, politicians are under the false belief that this somehow stops predators.

There are just two big problems with this reasoning. First, studies have shown that the supposed "threat" of online predators has been blown way out of proportion. Most kids are not targeted by online predators on social networks, and the few who are tend to know enough to deal with them. But you won't hear the politicians pushing DOPA say that. Instead, they claim: "as more children flock to social networking sites like MySpace and Facebook, we've seen a corresponding increase of online sexual predators." According to whom? Over the past few months we've pointed to three separate reports showing that the reports of the threat have been greatly overstated.

But, more importantly, even if predators are a threat on social networks, isn't it a much better solution to let kids use them in schools and at libraries where there can be reasonable oversight, and where educators can teach the kids how to deal with online threats? Banning access from schools and libraries only guarantees that kids will find other ways to get to those social networks when no one's there to watch them. And, by making it seem like it's somehow underground, it will seem even "cooler" to make use of those sites. And, at the same time, teachers, parents and librarians won't feel compelled to teach kids how to use those sites safely, because the use will be totally hidden from view. How is that possibly a good result?

19 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


Filed Under:
archives, copyright, digital, libraries, preservation



Should Organizations Get To Ignore Copyright For The Sake Of Preservation?

from the glossing-over-a-bigger-problem? dept

Copyright was clearly designed for a different age: when not everyone was a "publisher." And while we've spent years pointing out many of the different problems that has caused, here's another one: how is a library or some other institution charged with "archiving" written works for posterity supposed to deal with copyright laws that can often make such archival activities against the law? Well, the Library of Congress and a bunch of other organizations have a suggestion: let them all ignore copyright law for the sake of archiving. Basically, the report recommends that certain organizations be designated as "preservation institutions," which are then more or less allowed to ignore copyright law and copy-at-will for the sake of preservation. Of course, this is clearly going to lead to many questions, including just who would get designated as such. Many people can probably agree on public libraries and such -- but what about Google? After all, Google is already one of the largest players in "preserving" what's online and also, with its book scanning project, what's in books. Yet it's a private, for-profit company. Should it qualify? I would argue that it makes sense to allow it, given how beneficial the archival activities of Google have already been. Even if it is for profit, the public benefit has been tremendous as well. But then what's to stop any other company from arguing that it to deserves an exemption for preservation purposes? Wouldn't a better solution be to start rethinking copyright law altogether, since what has become clear from this is that copyright doesn't quite fit today's world any more?

19 Comments | Leave a Comment..

 
Say That Again

Say That Again

by Mike Masnick


Filed Under:
dynamic, information, libraries



Information Has Always Been Dynamic Rather Than Static

from the fascinating dept

AllThingsD points us to a very long, but quite fascinating article by Robert Darnton, Director of the University Library at Harvard, ostensibly about what it means to be a library in the new age, but the article covers a lot more ground than that. In fact, I'd argue that really, only the last paragraph discusses the role of today's library (in a slightly rushed manner), while the previous 48 paragraphs (5,814 words) are a variety of interesting snippets that act as prologue to that final paragraph. Within those first 48 paragraphs, however, there's probably enough material to write about four or five entirely separate posts, from the history of newspapers (they aren't trustworthy, they tended to copy each other and make up stuff, they're not very useful as a record of history -- but are useful as a look at the prism through which people viewed their events), about book publishing (it's always been a mess) to how you determine what's important either for news or a book (no one really knows).

But what comes through is the idea that information is a much more dynamic presence than most people consider. Especially today, people seem to think that once something is written, it's somehow set in stone -- and, in fact, that's why we give automatic copyright to that content. But that's rarely true in history (since the days when text was literally set in stone), even when it was more difficult to "change" a text compared to these days. For example, Darnton tells the following story of Voltaire:

In order to spice up his text and to increase its diffusion, he collaborated with pirates behind the back of his own publisher, adding passages to the pirated editions.
That doesn't seem all that different than seeing folks like Trent Reznor today release his own works on BitTorrent and encouraging others to make mashups with his content. What it comes down to is the idea that most packages of information are recipes. They're a general description of the work, but to make them "spicier" or "sweeter" or (in some cases, we need to admit) "better" people will change and adjust that information. Sometimes it will be by the original creator of that content, but more often it will be by others. And that's not a bad thing (even if strong copyright believers claim it's somehow "immoral"). It's just the nature of information. And while that represents challenges for anyone who's trying to archive all of that information, on the whole it's a process that should be celebrated, rather than feared.

8 Comments | Leave a Comment..

 
Surprises

Surprises

by Mike Masnick


Filed Under:
book scanning, book search, libraries, openness

Companies:
microsoft



Microsoft Gets Out Of Book Search, But Hands Tools Over To Libraries

from the some-good,-some-bad dept

In a somewhat unexpected move, Microsoft has announced that it's abandoning its book scanning project. While Google's book scanning project has received a lot more attention (and lawsuits) for the way it's set up, Yahoo and Microsoft teamed up with the Internet Archive to try to do something similar, though focusing mostly on public domain works and other books where they have the publishers' permission. Microsoft doesn't give an entirely lucid explanation for giving up the project, but it is handing over the scanning systems it put together to its various library partners and hoping they'll continue scanning on their own, saying:

"Based on our experience, we foresee that the best way for a search engine to make book content available will be by crawling content repositories created by book publishers and libraries."
In some ways, this is a stunning quote coming from Microsoft, admitting that a publicly available repository, created by others an which anyone can index, is better than a proprietary and controlled solution. The company is probably correct that it's better to have the content be available to any search engine rather than stuck in a silo, but there's probably much more behind this reasoning -- such as the fact that Google's book scanning project seems to be gaining a lot more traction, perhaps because Google is doing deals with libraries to scan their books for free, while the Open Content Alliance (which Microsoft's project was a part of) charges money to libraries.

5 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
copyright, libraries, old books



Arguing Over Copyright While Books Disintegrate

from the that's-not-good dept

Thanks to ongoing perpetual copyright extension (thank you, Michael Eisner and Sonny Bono!) many libraries and museums are distressed to find old books that are still covered by copyright, though long out of print, are literally disintegrating. They want to preserve these books, and digital technology makes that easy. In fact, that's exactly what Google was trying to help these libraries with, via its Google Library project -- the same one that publishers are suing over. While these libraries have asked for special exemptions to copyright law to deal with this issue, it seems to have turned into a huge bureaucratic nightmare, with a special study group made up of both librarians and publishers, who have agreed only to make recommendations when the entire group reaches consensus (meaning, it takes forever to get marginal improvements). Even then, the group is only putting out recommendations to the Librarian of Congress, who would then have to push for legislative change. As Stephen Wildstrom notes in his article about this (linked above):

"Many more books will be gone before anything comes of this.... We have a copyright system designed in the 19th century with a bit of flavoring from the 20th, governing a reality where the existence of digital media is revolutionizing the very concept of content and protection."
It's a shame. Draconian copyright is erasing large portions of our past literary achievements.

38 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
copyright, ebooks, libraries



Libraries That Need To Print And Then Rescan Ebooks Just To Lend Them

from the thank-you-copyright dept

The folks over at Against Monopoly have pointed out a rather ridiculous situation that has come about thanks to the restrictions that some publishers are putting on ebooks that are offered to libraries. With regular books, once a library has purchased the book, it can lend it to other libraries to pass on to patrons with no problem, but thanks to the restrictions placed on ebooks, such things are not allowed. So if a library wants to do an inter-library loan on an ebook, it's forced to print out the ebook, scan it back into a computer and then send the scanned copy to another library. For something that's supposed to be a lot more efficient, it would appear that the ebook, thanks to publisher restrictions, is actually a lot more troublesome.

24 Comments | Leave a Comment..

 
Studies

Studies

by Dennis Yang


Filed Under:
libraries, pew internet



Shocker: College Aged Folks Go To The Library

from the yay-the-pew-internet dept

From the fine folks over at Pew Internet, a new study reports that young adults are most likely to visit a library when confronted with a problem to solve -- despite the wealth of online information available to them on the internet. Although most libraries have now added internet terminals, for the most part, libraries are still struggling to keep pace with the times, and haven't really done much to advance their position as knowledge providers. Though the article does point out that young adults (aged 18-30) are the most active library users (with 62% having visited a library in the past year), the report itself (pdf) paints a slightly different picture. When faced with a problem to solve, the percentage of people that looked on the internet, 58%, greatly outpaced the 13% that went to a public library. So, while it's possible to paint a nice picture with the previous statistic, perhaps it's not quite as rosy as the article suggests. Furthermore, of the 13% of those that visited the library, 65% were there to use the internet. Perhaps the reason that young adults visit the library more than the rest of the population is simply because libraries are more accessible to them, since many of them are at college. So, once again, may this serve as a reminder that 73% of studies may be used to show just about anything.

10 Comments | Leave a Comment..

 
Overhype

Overhype

by IC Expert,
Timothy Lee


Filed Under:
book scanning, libraries, michigan

Companies:
google, university of michigan



Google Book Search Critics Ignore The Non-Exclusive Nature Of Scanning Contracts

from the no-monopolies-here dept

Three years ago, Google announced an ambitious effort to scan millions of book in order to create a search engine that would do for books what the original Google search engine did for the web. The debate quickly ran into criticism from publishers who claimed the program was an infringement of the publishers' copyright. Others pointed out that Google's activities were well within the bounds of fair use. The debate has continued on and off ever since. Ars Technica points us to the latest round of this debate. On one side is economist Paul Courant, who was the provost of the University of Michigan when the University became one of Google's first library partners and is now the University's librarian. In his newly created blog, he vigorously defends Michigan's participation in the Google project, pointing out that Google will have the entire seven-million-volume collection digitized within six years, for free, while the competing Open Content Alliance charges "thousands of dollars to digitize books at a rate of tens of thousands of volumes a year." The University of Virginia's Siva Vaidhyanathan responds with a number of criticisms of the deal. In addition to copyright concerns, he's got a number of concerns about what Google will do with the digitized books. He worries about whether Google's search results will be fair, whether Google will promptly correct scanning quality problems, and whether Google will do a good enough job of preserving the files over the long term, and so forth.

These are somewhat puzzling concerns to raise at all given that Google has historically been absolutely obsessive about improving the quality of its search results and archiving useful data. But it also ignores a more fundamental point: Michigan, and Google's other library projects, aren't granting Google exclusive access to anything. Under the terms of the Google-Michigan agreement, Google returns each book after scanning it, and Michigan is free to sign up with other scanning projects, including Google's competitors. It's true that Michigan has agreed not to share the Google-created digital files with others. But the important point here is that those files wouldn't exist at all if not for the agreement. It would hardly be reasonable to expect Google to spend tens of millions of dollars to create digital files that would immediately be available to Google's competitors.

In short, Google is anything but a monopoly. There are already competing book-scanning efforts under way, and if Google's project is a success we can expect more such efforts to be launched in the future. And because Google isn't a monopoly, it doesn't make sense for universities to treat it like one by trying to micromanage every aspect of the service it ultimately offers. In the unlikely event that Google Book Search turns out to be a lousy product, consumers will punish Google by switching to the competing offerings of Microsoft, Yahoo, or others. It's pointless to try to force Google to produce a high-quality product when its competitors already give it plenty of reasons to do so.

Vaidhyanathan also characterizes the Michigan scanning program as "massive corporate welfare," but this, again, doesn't make a lot of sense. The vast majority of the books Google is scanning spend most of their time sitting on shelves unread. In principle, Google is no different from any other library patron: it checks out books, reads them, and returns them. The only difference is that it's doing it on a much larger scale than a normal library patron would. But there's no evidence that Michigan has been playing favorites. If another company approaches Michigan seeking to scan its books on the same terms, and is turned down, then people would have strong grounds for criticism. But that doesn't appear to have happened. Google's just made the best offer so far. The "corporate welfare" label just doesn't fit.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

17 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
content, copyright, free, libraries



Future Of Libraries: Legal Providers Of Free Content

from the entertainment-industry-suing-libraries-next? dept

Quite often when there's a discussion about free content online someone will eventually bring up the library comparison, pointing out that libraries provide free access to books and it certainly never killed off the book business (though, there are still some publishers who mistakenly think that libraries are bad for business). At the same time, however, libraries have been struggling with how to update in order to be more relevant in this digital age. Well, apparently one area they could focus on is becoming the legal provider to all kinds of free content -- even beyond the areas of content they're already known for providing. This certainly won't endear libraries to the entertainment industry (at least those in the entertainment industry who are still convinced that their obsolete business model makes sense), but certainly could bring in plenty of younger folks who are interested in checking out the available content and experiencing new books, music, movies and data that would otherwise be difficult to access.

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Older Stuff

Thursday

4:52pm: What Does It Say When A Comedy Show Does More Fact Checking Than News Programs? (56)
3:33pm: Nordic Music Week: Optimism Galore And Found Songs (11)
2:10pm: Would Top Sites Really Opt-Out Of Google Based On A Microsoft Bribe? (37)
12:57pm: Intel Lawyers Again Go Too Far In Trademark Bullying (21)
11:43am: Mandelson Wants Gov't To Have Sweeping Powers To Protect Copyright Holders (40)
10:47am: Once Again, Walmart Stops People From Printing Family Photos Due To Copyright Law Claims (42)
9:39am: Essayist Writes Popular Essay... Then Sends 'Non-Negotiable' Invoice To Church Who Posts It Online (59)
8:23am: ASCAP, BMI And SESAC Continue To Screw Over Most Songwriters: 'Write A Hit Song If You Want Money' (78)
7:07am: Kicking People Off The Internet Not Enough In South Korea, Copyright Lobbyists Demand More (26)
5:33am: Are The Record Labels Using Bluebeat's Bogus Copyright Defense To Avoid Having To Give Copyrights Back To Artists? (42)
3:53am: Larry Magid Calls For News Tax To Fund Failing Newspapers (29)
1:35am: Judge Says 'There's An Ad For That...' And It's Ok For Now (14)

Wednesday

11:01pm: Oh Look, Some Police Do Know How To Use Craigslist As A Tool (8)
8:43pm: Netherlands The Latest To Propose Mileage Tax That Requires GPS For Tracking Driving (30)
6:40pm: Spain Says Broadband Is A Basic Right (12)
4:22pm: Entertainment Industry Wants More People To Know About OpenBitTorrent Tracker (25)
3:00pm: It's The TSA, Not CSI: Actions Limited To Security, Not Crime Investigation (25)
1:49pm: The More Innovative You Are, The More You Get Sued; Yet Another Patent Lawsuit Over Shazam (7)
12:36pm: Oh No! Nobody Reads! Oh No! It's Too Cheap For Everyone To Read! (18)
11:15am: We See Your 'Copyright Contributes $1.5 Trillion' And Raise You 'Fair Use Contributes $2.2 Trillion' (17)
9:55am: Cable Industry Joins MPAA In Asking FCC To Allow Them To Stop Your DVR From Recording Movies (45)
8:44am: Sony Pictures Having Its Best Box Office Year Ever... Still Blaming Piracy For Killing The Business (38)
7:30am: Jenzabar Finds 'Expert Witness' Who Will Claim Google Relies On Metatags, Despite Google Saying It Does Not (38)
5:52am: China Says Microsoft Violates IP With Windows, Bars Sales (26)
4:01am: Don't Post Comments On StlToday.com Or They Might Tell Your Boss (45)
1:50am: Recording Industry Making It Impossible For Any Legit Online Music Service To Survive Without Being Too Expensive (45)

Tuesday

11:01pm: Crackdown On Loyalty Program Scams Shows How Ridiculously Sucessful They Were (11)
8:56pm: Just Because People Say They'll Pay For Something, It Doesn't Mean They Will (21)
7:02pm: Yes, Bad People Use Facebook Too (8)
5:29pm: Folks Can Digg Shoes For Needy Kids (2)
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