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Aug 15, 2010

Libraries, Ebooks, and Competition
Ebooks and the Retailization of Research
Ebook Sanity
E-Texts for All (Even Lucy)

Treating the digital like the physical is insanity of the highest order. I've said it before, and I'll say it again: publishers that restrict content in an attempt to control it in the same way as they can control a print book are fighting a losing battle.

Just look at the Harry Potter books; J.K. Rowling has never agreed to allow any of the Potters to be sold in digital form, ostensibly fearing that piracy would follow. Of course, it is beyond trivial to find any of the Potter titles in digital format online; the last one was available digitally before it was for sale in print. Digital rights management (DRM) techniques do no better in protecting books from piracy; even the largest digital bookseller in the world, Amazon, had its DRM broken in days.

LJ100801webGriffey(Original Import)

This divide between how publishers want ebooks to behave and how digital files actually work is a problem. There is no chance that digital information is going to get more expensive, harder to copy, and more difficult to access. Anyone who tries to control information in that way isn't really thinking clearly—and this includes many librarians.

What are we protecting?
As Clay Shirky says in his most recent book, Cognitive Surplus, "...an organization that commits to helping society manage a problem also commits to the preservation of that same problem, as its institutional existence hinges on society's continued need for its management."

Libraries, especially public libraries, exist in order to balance the inequality of information access owing to economic or other pressures. No single average member of the public can afford to purchase all of the potential information he/she may want to access, and so libraries distribute that financial burden across the public as a whole, acting both as collective buyer for their community and as access point.

Libraries are clearly managing a problem in society. We need to think harder about what we are doing that commits us to the preservation of those same problems.

A misfit between models
On the one hand, I believe that publishers and authors will, in the digital age, benefit from freely sharing information and that DRM and other protection mechanisms are crazy. On the other, I have argued on behalf of libraries that ebooks and other digital content deserve the same First Sale rights that physical purchases have—we should be able to loan them in the same way, use them to fill interlibrary loan requests, and more. But that expectation makes me guilty of exactly the same category of mistakes for which I have called out publishers: confusing the digital world of information with the physical world of print.

How does the digital distribution model break our existing print-based models? The first, and most obvious, is the DRM-driven limitations placed on digital media that mimic the physical. Limitations on number of checkouts is one of these; digital information is infinitely reproducible at effectively zero cost. Why should anyone have to wait on a digital copy? The answer is that they shouldn't.

The second is that when you divorce the content from the container (a refrain I've used a lot in the last year), libraries are often ill equipped to deliver the content in device-neutral ways. Again, this is almost entirely because of the necessity of the existing economic structures of the producers of the information. Publishers desire to keep making money, so they impose limits via digital lockboxes that prevent true content portability.

The only way that I can see to resolve these mismatched views is to consider the idea that the First Sale principle doesn't apply to ebooks and other digital content. Maybe this is the fact: information in the digital age is such a different beast than in the print age that we not only shouldn't draw analogies but we actually can't.

In The Structure of Scientific Revolutions, Thomas Kuhn argues that when a paradigm in science shifts, as from the geocentric to the heliocentric understanding of our solar system, people on either side of the paradigm use the same word, but they shouldn't be understood to mean the same things at all. When a geocentrist says "planet" and a heliocentrist says "planet," the context is so different as to render them unable even to communicate with each other. We may be at a point in publishing/producing that we are actually talking about different things and we don't even know it.

Beyond the First Sale principle
What would it mean for libraries? Let's assume that there is and will be no First Sale rights for digital media and, further, that copyright law continues to be written by lobbyists. That leaves libraries with just exactly the rights that we can get written into the licenses we sign. It also means that we need to stop looking at our current, print-based models and seriously examine what the model for the distribution of digital information should be. We need to determine where the library fits in that ecosystem and put our efforts into making the licenses that we sign have obligations toward those ends.

If we don't, we continue to impose an outdated set of beliefs on the digital. There will be no shortage of new media over the next few years, as audio, video, text, and interactivity blend and merge. This will cause even more licensing issues, as these blended media objects overlap more and more with the world of the "book." Now is our chance to position ourselves for the future, to reimagine and reinforce our place in the information ecosystem—and we need to be willing to fight for some sanity in this new world.

Author Information
Jason Griffey (griffey@gmail.com) is the head of Library Information Technology at the University of Tennessee at Chattanooga. The author of Mobile Technology and Libraries (Neal-Schuman, 2010), Griffey blogs at American Libraries' Perpetual Beta and Pattern Recognition, his personal blog. He is also a columnist for the American Library Association TechSource blog and a 2009 LJ Mover & Shaker



Reader Comments (3)


Brilliant piece Jason. Thank you so much for increasing library staff awareness of this issue.

Posted by Sarah Houghton-Jan on August 19, 2010 06:21:17PM

I think you understand and explain the problem well and clearly, and then wave it away with unwarranted optimism. There certainly is a mismatch between first-sale rights and digital content. The mismatch is not only one of concepts, but especially of <i>power</i>. Libraries had the power once: they could buy content on the same terms as regular consumers, but extract much more value from them. Libraries were not the only beneficiaries of this power. Readers also enjoyed lending their books, selling them back and passing them onto their descendants. But libraries--especially public libraries(1)--were a major beneficiary. Indeed, in a very real sense, libraries are a creature of physicality and first sale--it is their birth certificate. Put simply, libraries do not exist merely to socialize book-reading costs; they exist to <i>lower</i> them dramatically. From the social libraries of the 18th century to today, the principle is the same: a library buys a book once, but gets seven, ten, twenty or more uses from it--effectively turning every community dollar spent into seven, ten or twenty dollars of community value. That situation is now at an end. Digital distribution has ended it, and libraries have lost the power. Publishers--and authors--have no incentive to give libraries the deal they had before. Instead, libraries are going to find themselves paying close to market value for every "rental" they facilitate. This will turn libraries from a magical engine of value creation into a thin subsidy layer between patrons and publishers. Libraries won't be multiplying value for a town; they will just be socializing it. Add patron-driven acquisition and libraryland's mad rush to embrace ebook technologies that eviscerate reader privacy and the traditional library value-adds will decline still further. We can dream all we want about libraries repositioning and reimagining, but the simple fact is that libraries are not in control of their destiny in a digital world. Only contracts matter, and libraries--especially public libraries--have little power to write the contracts. Publishers know well that libraries provide something like 30- 40% of the reading that goes on, but only contribute 3-4% of publisher revenues. That gap is going to close. Either libraries are going to pay a lot more or they're going to provide a lot less value. My bet is on both. Can libraries preserve their value-multiplier by inclining away from digital distribution? Do libraries have enough collective power to exert influence for better ebook platforms, or friendly legislation? Can libraries rediscover the value of expertise, to avoid becoming a thin subsidy layer? Can the library add value by somehow contextualizing and humanizing the social layer that ebooks allow? Are libraries destined to become book museums, community centers and prime redevelopment opportunities? I don't know. But I think we need to confront the situation as clearly as possible. <hr>1. In this whole comment, I'm mostly talking about public libraries, not academic. The effect on academic libraries is different and, I think, both less pronounced and farther along.

Posted by Tim Spalding on October 21, 2010 11:19:00AM

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Posted by MunozRene28 on November 4, 2011 09:43:57PM

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