In the Fight Over Ebooks It's Publishers vs Librarians
April 10, 2023 11:01 AM Subscribe
Libraries Need More Freedom to Distribute Digital Books But publishers are working hard to prevent that. Dan Cohen writes about the recent summary judgement in the Hachette v Internet Archive case.
"Libraries and librarians are not rule breakers, but they are passionate about their mission, and these initiatives are a sign of the intensity of their dismay. The Internet Archive is as close as we get to the aggressive Silicon Valley stereotype of asking for forgiveness rather than permission. But it is worth remembering that had the Internet Archive not started copying and preserving websites in the 1990s without such permission, a significant part of human expression over the past three decades would have been lost forever. Undoubtedly many writers use the riches of the Internet Archive for their own work and value the access it provides to multiple media. If the Internet Archive slightly overstepped in this case, suing it in response seems like an even bigger overstep, using the lawsuit to permanently discredit CDL, which some libraries see as helpful for their scattered patrons."
(paywalled)
"Libraries and librarians are not rule breakers, but they are passionate about their mission, and these initiatives are a sign of the intensity of their dismay. The Internet Archive is as close as we get to the aggressive Silicon Valley stereotype of asking for forgiveness rather than permission. But it is worth remembering that had the Internet Archive not started copying and preserving websites in the 1990s without such permission, a significant part of human expression over the past three decades would have been lost forever. Undoubtedly many writers use the riches of the Internet Archive for their own work and value the access it provides to multiple media. If the Internet Archive slightly overstepped in this case, suing it in response seems like an even bigger overstep, using the lawsuit to permanently discredit CDL, which some libraries see as helpful for their scattered patrons."
(paywalled)
Most libraries do not even own ebooks in the true sense of ownership. The best they can do is to license ebooks for a limited time, or for a limited number of circulations, before they have to pay again. Even with these restrictions, ebook prices for libraries are much higher than for individuals—up to four times as much for a two-year, rather than a perpetual, license.
Yeah, this has always blown my mind. It means that older books simply disappear, because a library system won't continue to license titles that aren't circulating anymore. CDL is the obvious solution to this (within the limits of capitalism at least).
My daughter started aging into chapter (and now middle-grade) books in 2020ish, which means we have read literally hundreds of e-books together. We take them out with the Libby app and read them on an iPad. We luckily have access to three library systems (two county systems and NYPL) so an awful lot of what we're looking for is available, very frequently without a wait. Without the ready supply of quality e-books, we would have had a very different last couple of years.
posted by uncleozzy at 12:07 PM on April 10, 2023 [7 favorites]
Yeah, this has always blown my mind. It means that older books simply disappear, because a library system won't continue to license titles that aren't circulating anymore. CDL is the obvious solution to this (within the limits of capitalism at least).
My daughter started aging into chapter (and now middle-grade) books in 2020ish, which means we have read literally hundreds of e-books together. We take them out with the Libby app and read them on an iPad. We luckily have access to three library systems (two county systems and NYPL) so an awful lot of what we're looking for is available, very frequently without a wait. Without the ready supply of quality e-books, we would have had a very different last couple of years.
posted by uncleozzy at 12:07 PM on April 10, 2023 [7 favorites]
A fun fact is that if you never connect your Kindle to wifi, you can transfer library books onto it via USB and they never expire.
posted by msbutah at 12:10 PM on April 10, 2023 [15 favorites]
posted by msbutah at 12:10 PM on April 10, 2023 [15 favorites]
CDL, developed as a legal theory a bit more than a decade ago by the Georgetown University professor and law librarian Michelle Wu, asserts that libraries have a right to create digital surrogates for their collections, enabling each library to loan out either the digital version or the hard copy of any material it owns (but not both at the same time).
I really don't see how this theory relates at all to the IA deciding they were going to completely waive all restrictions on borrowing their entire collection of scanned books. There are all these articles about how this is a DIRE PRECEDENT FOR THE FUTURE but the IA completely disregarded any correspondence between how many copies of a book it had, physical or digital, and every article on this subject conveniently omits this fact.
"To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later. " - the IA's announcement of the offending library
I mean, sure, you can argue that creating artificial scarcity of electronic information is terrible, you can argue that this is rent-seeking behavior on the part of the publishers, but... this is not far off from Valve unilaterally deciding that every single game on Steam would be free for the duration of the pandemic, regardless of the wishes of the publisher/developer. This doesn't look at all like "libraries have the right to loan out either the digital version or the hard copy of the material it owns, but not at the same time". This looks more like "we have decided to turn into the Pirate Bay for the duration of the pandemic".
posted by egypturnash at 12:24 PM on April 10, 2023 [20 favorites]
I really don't see how this theory relates at all to the IA deciding they were going to completely waive all restrictions on borrowing their entire collection of scanned books. There are all these articles about how this is a DIRE PRECEDENT FOR THE FUTURE but the IA completely disregarded any correspondence between how many copies of a book it had, physical or digital, and every article on this subject conveniently omits this fact.
"To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later. " - the IA's announcement of the offending library
I mean, sure, you can argue that creating artificial scarcity of electronic information is terrible, you can argue that this is rent-seeking behavior on the part of the publishers, but... this is not far off from Valve unilaterally deciding that every single game on Steam would be free for the duration of the pandemic, regardless of the wishes of the publisher/developer. This doesn't look at all like "libraries have the right to loan out either the digital version or the hard copy of the material it owns, but not at the same time". This looks more like "we have decided to turn into the Pirate Bay for the duration of the pandemic".
posted by egypturnash at 12:24 PM on April 10, 2023 [20 favorites]
My take is that the IA clearly violated copyright law and allowing it to do so sets a bad precedent for publishers and authors being able to make a sustainable business off their work. The fact that we still have artificial scarcity of digital goods due to capitalism is a separate piece of bullshit but as much as I love the IA I don't see how what they did is legally defensible under the current (bad!) System.
posted by Wretch729 at 12:40 PM on April 10, 2023 [8 favorites]
posted by Wretch729 at 12:40 PM on April 10, 2023 [8 favorites]
In agreement with Wretch729 -- I feel like IA is doing the Lord's Work, and they are morally in the right.
But, as I understand it, they are banking on the courts endorsing an expansion of fair use / first purchase rights that is unlikely to be embraced by the current courts. Certainly not a far-right leaning Supreme Court.
Unless there's a major shift in the court before this case arrives, I think they've overplayed their hand and may end up setting precedent that's 180 degrees from what they wanted. I really hope that this doesn't endanger the entire IA, because it's a vital service and not one that these publishers would be sad to see go away.
I feel like they could've continued to lend single copies out indefinitely but the "emergency" thing was too much. Too flagrant and too easy for the publishers to cast as a threat to authors.
posted by jzb at 1:27 PM on April 10, 2023 [2 favorites]
But, as I understand it, they are banking on the courts endorsing an expansion of fair use / first purchase rights that is unlikely to be embraced by the current courts. Certainly not a far-right leaning Supreme Court.
Unless there's a major shift in the court before this case arrives, I think they've overplayed their hand and may end up setting precedent that's 180 degrees from what they wanted. I really hope that this doesn't endanger the entire IA, because it's a vital service and not one that these publishers would be sad to see go away.
I feel like they could've continued to lend single copies out indefinitely but the "emergency" thing was too much. Too flagrant and too easy for the publishers to cast as a threat to authors.
posted by jzb at 1:27 PM on April 10, 2023 [2 favorites]
It is possible to be morally in the right and legally very, very stupid and it seems to me that's where the IA landed. I personally think they fucked it up badly enough that they're not even really morally in the right any more. They managed to align themselves with the kind of piracy that genuinely ruins authors' careers - not publishers, publishers can eat the loss, but paid-less-than-starvation-wages authors. I can think of several ways they could have not pissed off the maximum number of people and possibly been able to make a coherent legal argument, but what they actually did is... not any of those.
posted by restless_nomad at 2:03 PM on April 10, 2023 [12 favorites]
posted by restless_nomad at 2:03 PM on April 10, 2023 [12 favorites]
Agree with restless_nomad - I want the IA to be "right" here. I think the limits that the publishers have put around e-lending are abominable to the point of being unworkable, but this definitely feels very "Uber move fast, break the law, get forgiven for making a better service" idea that forgot the "grease the palms of those who can make your company go away"
posted by drewbage1847 at 2:48 PM on April 10, 2023 [4 favorites]
posted by drewbage1847 at 2:48 PM on April 10, 2023 [4 favorites]
When right wingers overreach it somehow manages to move the "window of the imaginable". How can we?
posted by clew at 3:27 PM on April 10, 2023 [4 favorites]
posted by clew at 3:27 PM on April 10, 2023 [4 favorites]
Note, when Internet Archive loans out books, it's encumbered by DRM, and for a limited duration, like, 14 days. It's not "download this, feel free to share it with your friends and the rest of the internet".
posted by Pronoiac at 4:07 PM on April 10, 2023 [3 favorites]
posted by Pronoiac at 4:07 PM on April 10, 2023 [3 favorites]
It's hard to discuss the morals of the situation when we're all choking on the horse pill of capitalism as an unquestionable good.
Or to put it another way, it'd be great to talk about ownership and appropriate creator renumeration without the massive cut the distribution layer demands riding shotgun on the legislative challenge.
posted by allium cepa at 5:23 PM on April 10, 2023 [3 favorites]
Or to put it another way, it'd be great to talk about ownership and appropriate creator renumeration without the massive cut the distribution layer demands riding shotgun on the legislative challenge.
posted by allium cepa at 5:23 PM on April 10, 2023 [3 favorites]
Yeah, my fundamental problem with the IA's position is that it prioritizes consumers without any apparent thought for the needs of creators (who apparently are "idea landlords", unethical for wanting to be compensated for their labor.) It strikes me as more techno-libertarianism that is fundamentally narcissistic in its approach to problems. You're gonna approach the situation very differently when your fundamental perception is "I want books without paying for them" and not "I want copyright law to be more equitable."
posted by restless_nomad at 5:41 PM on April 10, 2023 [6 favorites]
posted by restless_nomad at 5:41 PM on April 10, 2023 [6 favorites]
Note, when Internet Archive loans out books, it's encumbered by DRM, and for a limited duration, like, 14 days. It's not "download this, feel free to share it with your friends and the rest of the internet".
From the period of March to June, 2020, this was effectively untrue. You could continue borrowing and reborrowing the same book over and over again, and so could all your friends and the rest of the internet, at the same time as you.
posted by one for the books at 1:18 AM on April 11, 2023 [1 favorite]
From the period of March to June, 2020, this was effectively untrue. You could continue borrowing and reborrowing the same book over and over again, and so could all your friends and the rest of the internet, at the same time as you.
posted by one for the books at 1:18 AM on April 11, 2023 [1 favorite]
It's hard to discuss the morals of the situation when we're all choking on the horse pill of capitalism as an unquestionable good.
Or to put it another way, it'd be great to talk about ownership and appropriate creator renumeration without the massive cut the distribution layer demands riding shotgun on the legislative challenge.
Good or not, publishers have to pay their employees. You can certainly argue that publishers are taking too much of a cut, but some Googling reveals that the average executive salary at Hachette is approximately $235,000, so we're not talking about fat cats here.
This reminds me too much of the music piracy debates of the early 2000s. It's always the artists who end up getting screwed.
posted by Ben Trismegistus at 10:15 AM on April 11, 2023 [1 favorite]
Or to put it another way, it'd be great to talk about ownership and appropriate creator renumeration without the massive cut the distribution layer demands riding shotgun on the legislative challenge.
Good or not, publishers have to pay their employees. You can certainly argue that publishers are taking too much of a cut, but some Googling reveals that the average executive salary at Hachette is approximately $235,000, so we're not talking about fat cats here.
This reminds me too much of the music piracy debates of the early 2000s. It's always the artists who end up getting screwed.
posted by Ben Trismegistus at 10:15 AM on April 11, 2023 [1 favorite]
gypturnash : thought I would correct your assertion that the Internet Archive "completely waive all restrictions on borrowing their entire collection of scanned books" for the 14 weeks of NEL.
The Internet Archive kept restrictions on copying, all borrowed books expired for instance-- using the same types of protects publishers do. There were more books available based on the 100 libraries and others that signed onto the National Emergency Library, so still within numbers owned. Even close scrutiny after-the-fact showed there were not many of any title circulated, and well before the holdings of the libraries.
Also not the entire collection of scanned books were lent. Only books older than 5 years, for instance, and many taken out for other reasons (for instance publisher or author request). The Internet Archive tries to make as much as possible to the print disabled, but the lending is a subset.
Interestingly, if you count book borrows that are somewhat similar in durations to a physical lend, then even at the peak of the NEL, the total number of books circulated in a day was under a suburban library system like Menlo Park.
Hope this helps. the misconceptions are widespread (and professionally promoted).
posted by brewsterkahle at 11:45 AM on April 11, 2023 [9 favorites]
The Internet Archive kept restrictions on copying, all borrowed books expired for instance-- using the same types of protects publishers do. There were more books available based on the 100 libraries and others that signed onto the National Emergency Library, so still within numbers owned. Even close scrutiny after-the-fact showed there were not many of any title circulated, and well before the holdings of the libraries.
Also not the entire collection of scanned books were lent. Only books older than 5 years, for instance, and many taken out for other reasons (for instance publisher or author request). The Internet Archive tries to make as much as possible to the print disabled, but the lending is a subset.
Interestingly, if you count book borrows that are somewhat similar in durations to a physical lend, then even at the peak of the NEL, the total number of books circulated in a day was under a suburban library system like Menlo Park.
Hope this helps. the misconceptions are widespread (and professionally promoted).
posted by brewsterkahle at 11:45 AM on April 11, 2023 [9 favorites]
I feel like $235,000 is a lot of money, tbh
posted by kittens for breakfast at 12:04 PM on April 11, 2023 [4 favorites]
posted by kittens for breakfast at 12:04 PM on April 11, 2023 [4 favorites]
As someone who can’t read “traditional print” very well or very long anymore due to disability (without massive headaches and fatigue if I can at all), a major annoyance has been books. Lots of books still encumbered by copyright literally don’t have legally obtainable digital versions as the publisher hasn’t found it economically worthwhile to make one. Many others exist but the library can’t afford to buy ebooks to go with their existing copies of every print book (& I can’t afford every last one either even when print is available at the library). Technically I may be eligible for some programs that give disabled persons access to format shifted books free of charge, but the process to access those are bureaucratic and gatekeepery (I gave up at one point because of how a state services for the disabled person treated me on a call and since I can workaround I haven’t). Anyway not sure how I feel about the IA’s situation per se but the underlying ability of libraries to format shift is one that fundamentally I believe is ethical and in fact morally necessary to equally provide access to all of human knowledge to anyone regardless of abilty.
posted by R343L at 5:28 PM on April 11, 2023 [2 favorites]
posted by R343L at 5:28 PM on April 11, 2023 [2 favorites]
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And it's the final five words that encapsulate the whole issue: capitalism having reduced the entirety of human life to pursuing money, publishers are lashing out to capture every penny they can.
Libraries pay more for an e-book than a consumer does. Library-edition e-books, however, have shorter useful lives than those sold to consumers. IT'S BULLSHIT.
It reminds me of the Catch-22 in which the label on a CD saying that you weren't buying the thing outright, but instead just a license to listen to it, somehow absolved the music publishers of the obligation to provide new media for you to listen to the song when they format-shifted from cassettes to LPs to CDs to streams. Grrrrr...
posted by wenestvedt at 11:31 AM on April 10, 2023 [16 favorites]