Tag Archives: law

SOPA and Publishers

Here is a list of all of the companies signed to SOPA (which, while delayed until after the first of the year, isn’t dead):
Companies supporting SOPA

While there are a few surprises (GoDaddy? A DNS company that supports breaking DNS? Huh?) most of the names on the list are exactly who you’d expect: copyright holders that are clearly desperate to hold on to their business model. These happen to include publishers like Hachette, Harper-Collins, Macmillan, Elsevier, Hyperion, McGraw-Hill, Pearson Education, Penguin, Random House, Scholastic, and Norton. Not to mention all of the video/music companies that produce content that libraries spend money on: Sony, Universal, Disney, etc.

For those who aren’t keeping up with SOPA and PIPA and what exactly it is that the above companies are suggesting, let’s be clear: SOPA and PIPA are both so completely bad that I have trouble describing how bad they really are. I consider myself a writer, and I have trouble conjuring forth a description about just how incredibly fucked the USA would be if we allow these ridiculous bills to pass into law. So I’ll let someone else say it for me. Mr. Savage:

Make no mistake: These bills aren’t simply unconstitutional, they are anticonstitutional. They would allow for the wholesale elimination of entire websites, domain names, and chunks of the DNS (the underlying structure of the whole Internet), based on nothing more than the “good faith” assertion by a single party that the website is infringing on a copyright of the complainant.

Or maybe Mr. Dotorow? Or how about, oh…the engineers who built the Internet in the first place? Or maybe even the Stanford Law Review? All of them agree (as do I) that SOPA and PIPA would break the fundamental way that the Internet works, making the US into a third-world-country of ‘net access, and threatening the very concept of Free Speech online.

These are agressive, wrong headed pieces of legislation that attempt to find a technical solution to a legislative problem…we already have laws that punish individuals who infringe upon copyrights. This would be the equivalent of legislating the ability for private companies to decide to close down roads and revoke your drivers license just because someone claimed they saw you take a drink, instead of simply having and enforcing laws against driving under the influence.

So what can libraries do? I think we should let these signatories know that we disagree fundamentally with SOPA and PIPA and indeed any law that would lessen the freedom of speech on the Internet. Tell everyone you speak with at these companies that this is not the sort of thing that we will support. If SOPA and PIPA are still on the table at the time of ALA Midwinter, I plan to try to speak with as many employees of these companies as I can about this. I suggest you do the same.

Ripping your books

A really great article from Christopher Harris over on the American Libraries E-Content blog called “What’s Next? Book Match?” is getting passed around the web today. The pull quote that seems to be catching everyone’s attention is:

If I can rip my CD to an MP3, why can’t I scan my book to an EPUB?

I just wanted to step in and say: You can. There is decent case law in place that indicates that format shifting of personal copies is allowable in the United States. There is also strong case law in place for the ability to personally back up media that you legally aquire…both of these indicate that while there may be no clear “Yes you can” statement in copyright law, there is a lot of evidence that it’s perfectly ok for individuals given Fair Use rights in the US.

Moreover, there’s easier and easier ways to digitize books out there. If you haven’t seen the DIY Book Scanner project, go and check it out. This group is doing awesome stuff towards making digitizing books something that isn’t nearly as time-consuming as it once was. Plus, as I often point out in my presentations to libraries and librarians, if you think that digitizing books is going to be difficult forever, well…think again:

Copyright Clearance Center = FAIL

Sometimes, it’s just nice to laugh at industries that are desperately attempting to hang on to their relevancy in a changing world. Exhibit A for today is the Copyright Clearance Center, and their interesting attempt to educate users about copyright via their Copyright Basics video. Let’s examine the ways in which CCC fails at modern web usage.

First: here’s the opening screen of the video

cccfail

I think that’s enough said, yes? Among the nearly-unreadable text is the prohibition to “distribute copies of the Program to persons outside your company, or post copies of the Program on any public website (including any video sharing or social networking site).”  Yep, that’s the CCC…all about education. Wouldn’t want those non-paying people to easily get your content that explains why they should pay for your content. 

Second: To get a copy of the video to use internally, on a non-public server that is limited to only your employees, you have to fill out a form on this page. Or, you know, just look at the page source:

cccpagesource

Where the FLV file is handily linked for anyone who might want to use it. 

If ever there was a direct example of how the modern web breaks copyright, the CCC just gave it to us. The answer, of course, isn’t to ignore the de facto standards for the distribution of video on the web, to limit the ability to share and distribute content, and to generally treat people who want to use your content like criminals. The way to make yourself valuable and heard is to share what you make as widely as you possibly can…something that the CCC can’t bring itself to do.  It’s really hard to participate in the modern conversation when your very business model is tied to archaic and irrelevant legalese.