Just a brief pair of threads this week. First is a look at what is happening with mobile device encryption as consumer electronics companies deal with data privacy in the post-Snowden era. There is also the predictable backlash from law enforcement organizations, and perhaps I just telegraphed how I feel on the matter. The second thread looks at how Getty Images is trying to get into distributing its content for free to get it in front of eyeballs that will end up paying for some of it.
Last month’s HathiTrust newsletter had an interesting technical tidbit at the top about access to out-of-print and brittle or missing items:
One of the lawful uses of in-copyright works HathiTrust has been pursuing is to provide access on an institutional basis to works that fall under United States Copyright Law Section 108 conditions: works in HathiTrust that are not available on the market at a fair price, and for which print copies owned by HathiTrust member institutions are damaged, deteriorating, lost or stolen. As a part of becoming a member, institutions are required to submit information about their print holdings for fee calculation purposes. We have also been requesting information about the holdings status and condition of works, to facilitate uses of works where permissible by law (specifications for HathiTrust holdings data are available at http://www.hathitrust.org/print_holdings).
Thursday Threads has been a back-burner activity for quite a while now. Blame it on too many interesting things happening at home and at work (to say nothing of the early arrival of spring weather). This week will be only a slight exception with just two threads of mention rather than the typical three or four. First is the announcement by Blackboard that it is starting up an open source support division and acquiring/hiring some of the bigger names in that sector. Second is a reflection on two independent stories about the effect of copyright uncertainty and digital rights management on book materials.
The title of this post was updated (replacing “Display” with “Performance”) a day after it was originally published. See the update at the bottom of the post for more details.
Last week a federal district court in California decided in favor of the University of California defendants in a lawsuit brought by Ambrose Video Publishing (AVP) and the Association for Information Media and Equipment (AIME). A majority of the decision hinged around whether the plaintiffs had “standing” to bring the suit, and commentary by Kevin Smith and ARL go into more detail about that. The bit that I found interesting was reasoning by the judge that equated “public performance” rights with “streaming.” Far down in the judge’s decision was this line of reasoning:
Legal action against the digitization and limited distribution of orphan works unexpectedly hit the news again this week. This week’s DLTJ Thursday Threads starts with an overview of the lawsuit filed by authors organizations and authors against Hathi Trust over plans to make digital versions of orphan works available to university users. And while we’re wondering of libraries’ role in providing access to digitized works, we should also take note of an article in American Libraries Magazine on what we could learn from Blockbuster’s fall. And lastly, I point to a story of one author’s experience when her own self publishing with Amazon ran afoul of a publisher’s desires.
It might have been the week of the annual American Library Association meeting with all the news and announcements and programming that came from it — as well as getting into the dog days of summer — but interesting news at the intersection of technology and libraries did not take a pause. Google made a big splash this week with tantalizing tidbits about its new social media project; it is at a look-but-don’t-touch stage, but the look is enticing. Then there were two articles about really big data — what is produced in the high energy physics supercolider at CERN and what we produce as a society. And to go along with that data we produce as a society is another warning that much of it isn’t safe from the prying eyes of the USA PATRIOT Act. Finally, we revisit the Georgia State University copyright case with a comment on the potential chilling impacts on free speech.
This week we got the long-awaited report from the group testing RDA to see if its use would be approved for the major U.S. national libraries. And the answer? An unsatisfying, if predictable, maybe-but-not-yet. This week also brought new examples of the tensions between authors and publishers and libraries. The first example is an author’s story of an attempt to navigate an author’s rights agreement and coming to an insurmountable barrier. The second example tries to look in to the future of teaching and learning in a world where fair use has been dramatically scaled back from the existing status quo, and it is a frightening one.
It is another e-books issue of DLTJ Thursday Threads with updates on three significant efforts: HarperCollins, Google Book Search Settlement, Digital Public Library of America. And, just for fun and to keep this from turning into purely a legal and blue-sky policy blog, we have a video of juggling robots.