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Distinguished Scribe
Sun_Cat
Posts: 788
Registered: ‎12-03-2011

Librarian's perspective on DMCA, DRM, and copyright

I found this interesting post in a website for librarians. Here are a few excerpts:

It's time to put the "fair" back in "fair use"

 

I applaud the hard work of everyone who has tackled the thorny issues confronting libraries in the increasingly hostile ebook environment in which we find ourselves. However, I believe we are missing an essential component in any solution: copyright law reform.

...

There is little incentive for rights holders to negotiate with us in a future in which ownership, fair use, and first-sale doctrines have been replaced with rentals and licensing. In that future, rights holders get to make all the rules, which will benefit them instead of the public interest. Whether they do or don’t realize the marketing advantages of having their products in libraries, any ­decisions they make will be completely up to them. The recent lawsuits against Google Books Project libraries and HathiTrust may be only the start.

 

If we can no longer provide information to the public because of rules and fees dictated to us by the rights holders, what purpose would we serve?

I also recommend reading the comments, which contain links to further materials on this topic, including a petition you can sign at whitehouse.gov.

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Distinguished Scribe
gb18
Posts: 821
Registered: ‎12-06-2010

Re: Librarian's perspective on DMCA, DRM, and copyright

 Penguin Group stops sales of ebooks to libraries

 

 

Freedom is not free.
Wordsmith
moose_tracker
Posts: 386
Registered: ‎12-10-2011

Re: Librarian's perspective on DMCA, DRM, and copyright

Well I do agree with the article. All the large "Big Six" publishers, are trying to build a wall to protect them against the changing dynamics of the publishing business.

 

Problem is they are not walling out the change to protect their way of life, they are walling themselves into a corner, and giving the smaller publishers that are enthusiastically embracing the change, an advantage.

 

If they continue, they will become obsolete, and the smaller publishers will become bigger but probably not as big as there will be a larger number of them.

 

Life will go on, and the "Big Six" will be a nostalgic memory.

 
Distinguished Bibliophile
patgolfneb
Posts: 1,759
Registered: ‎09-10-2011
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Re: Librarian's perspective on DMCA, DRM, and copyright

I often weigh in on this. Part of this is that without any right or mechanisim to transfer your license no secondary market can exist. So far only piracy arguments have received attention from legislators. Protecting purchasers use and giving fair value has received little attention. Reasonable treatment for both producers and purchasers property has been missing. Guess which group makes large political contributions and hires lobbyists?

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Sun_Cat
Posts: 788
Registered: ‎12-03-2011
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Re: Librarian's perspective on DMCA, DRM, and copyright

Good points. Apparently at least one company has developed and implemented the technology to resell and transfer DRM. As roustabout posted the other day (on a board here that not everybody reads), the company, ReDigi, is being challenged in court, which could possibly lead to case law clarifying some of these issues.

 

I'd love to see a discussion in open court using proper rules of evidence about the actual proven effects of piracy on the publishing business, and the actual proven effects of DRM and current licensing models on piracy. You can find lots of opinions all over the net about whether or not these restrictions actually help the publishers. Facts would be refreshing.

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Sun_Cat
Posts: 788
Registered: ‎12-03-2011

Re: Librarian's perspective on DMCA, DRM, and copyright

[ Edited ]

Here's yet another interesting wrinkle that was posted in that same thread over in the NOOK Color section, the one I linked to in my previous post here. This one gave me a real WTH moment, and I'm hoping someone can enlighten me.


seacitylady wrote:
This article provides more detail.

This section in particular leapt out to me (my WTH moment):


...one upshot of those talks...was publishers’ concerns that if library loans become too “frictionless,” in other words, do not involve a physical trip to the library to borrow and return a book, that it will eat into their sales.

The desire to increase this friction may lead the recalcitrant publishers to demand a business model in which they will only make their ebooks available to public libraries if they are used in the library or if a patron is required to bring their device to the library and load the title onto the device in the library, then bring it home.


I beg your pardon? Does this make the slightest bit of sense to anyone? Are you more likely to buy your own copy of a DTB because you have to get yourself physically to the library twice, to borrow and return it? Can anyone explain the reasoning?

 

Sure, a trip to the library gets my butt out of the house, but why would that incline me to go to a bookstore? Are they afraid that I'll just plug my brain into the Internet and never leave the house? IMNSHO there are some twisted folks working for the publishers.

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Distinguished Bibliophile
roustabout
Posts: 3,619
Registered: ‎03-31-2011

Re: Librarian's perspective on DMCA, DRM, and copyright

No, it's not that they think you'll also go to the bookstore.

 

It's that they want the library to be harder to use than the bookseller's purely electronic plays, which will continue to work without anyone having to make a trip to a physical place. 

 

I suggested a bit back that one avenue to excersing the right of first sale might involve shlepping down to a bookstore with your device, and presenting it to have your access to a title revoked.  My thinking wasn't overtly around 'friction,' but around a hypothetical publishers' claim that that way piracy could be better avoided if that was how the transaction worked.   

 

I continue to hope that someone works out a way to get a trade in used ebooks moving.  If the tradeoff is that folks have to go to a physical location with a kiosk tied into someone's rights management infrastructure, for instance,  that wouldn't surprise me as a first step -- it'd be a real shot in the arm for independent boostores, who are already starting to try to partner with Google in some areas. 

"no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment to the US Constitution.
Distinguished Scribe
Sun_Cat
Posts: 788
Registered: ‎12-03-2011

Re: Librarian's perspective on DMCA, DRM, and copyright

[ Edited ]

I agree that a market in used ebooks would help. But I still think the publishers are largely reacting irrationally because they imagine threats everywhere.

 

Their business model is threatened, absolutely it is, but not equally in every way that they imagine. The "friction" argument for borrowing is just plain silly. As someone posted in the comments on the article linked to by seacitylady, folks who like to own books will still buy books (ebooks or DTBs) and folks who prefer to borrow from libraries will still borrow from libraries and buy very few books.

 

The upside for publishers is that easy-to-use libraries attract new readers who may become buyers. Making libraries harder to use will not change the underlying dynamic, but it could result in fewer new readers.

 

BTW, I'm one of those who borrows prodigiously from the library and buys very few books, and I must say that the present incarnation of Overdrive is not exactly frictionless. In fact I hate it. But I use it because I love reading on my NOOK.

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bklvr896
Posts: 4,807
Registered: ‎12-31-2009
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Re: Librarian's perspective on DMCA, DRM, and copyright


Sun_Cat wrote:

Here's yet another interesting wrinkle that was posted in that same thread over in the NOOK Color section, the one I linked to in my previous post here. This one gave me a real WTH moment, and I'm hoping someone can enlighten me.


seacitylady wrote:
This article provides more detail.

This section in particular leapt out to me (my WTH moment):


...one upshot of those talks...was publishers’ concerns that if library loans become too “frictionless,” in other words, do not involve a physical trip to the library to borrow and return a book, that it will eat into their sales.

The desire to increase this friction may lead the recalcitrant publishers to demand a business model in which they will only make their ebooks available to public libraries if they are used in the library or if a patron is required to bring their device to the library and load the title onto the device in the library, then bring it home.


I beg your pardon? Does this make the slightest bit of sense to anyone? Are you more likely to buy your own copy of a DTB because you have to get yourself physically to the library twice, to borrow and return it? Can anyone explain the reasoning?

 

Sure, a trip to the library gets my butt out of the house, but why would that incline me to go to a bookstore? Are they afraid that I'll just plug my brain into the Internet and never leave the house? IMNSHO there are some twisted folks working for the publishers.


I answered this on your othe post before I saw this one, but I'll answer it again here.

 

Yes, I was always more likely to buy the printed book than try and get it from the library, because, yes, I had to get to the library twice.  Using the library was and is, inconvenient for me, so, except in extreme cases, I would buy the book instead.   

 

Requiring me to go to the library to download the book, then go to the library to return it, would effectively stop me from using the library.  Especially the returning part, as I assume to return it, the library would have to be open, at least with a printed book you could return it after hours.

 

But, unless libraries get  a whole lot more licenses for each book, most people are still simply going to buy the book, rather than wait, the sometimes very long wait times, to get a book.

Wordsmith
moose_tracker
Posts: 386
Registered: ‎12-10-2011
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Re: Librarian's perspective on DMCA, DRM, and copyright

I think, for me, the library is the wonderful place for the children.. I went as a child all the time.. When my son was small up until about 10, this was a great place to take your children to get them to love books and reading. To go to a room full of all sorts of books and they get to pice 2 or 3 they really want to read.

 

Then while I was taking my son, I would go to the adult section, and get a book for myself. After all I was already coming & going with my child.

 

When he got older, and he found other ways to get books (book sales, christmas gift cards etc..) then without taking my son to the library anymore, I also stopped going so much. Unless it was a research project of some sort.. I too found other ways, trading books with co-workers, second hand book stores etc.

 

I think I would return to the library, with ebooks (if I could renew my 2 week checkout.) if they were easy to check in and out from the internet.. But if it becomes internet rentals, that would kill the local library as fast as ebooks not allowing libraries to rent them. 

 

After all, no building, no librarians, don't need one in every town as can make the geographical area you rent to larger.  No place to take the kids so they are surrounded by books of ever sort you can imagine, that they can pick our any that they choose..

 

Library buildings for research, may just be at your local college. (I know our local college the town over from us allows us to check books out or research using books that can not be checked out.

 

I really don't have a good answer as what would save the local library with the new e-book technology.. Even if I was willing to get e-books from them.

 

Do any of you have any idea?