librarian.net

Rochelle asks and Amazon answers: is loaning the Kindle (by libraries) a violation of Amazon.com’s terms of service. Answer: yes.

I had a long day at work today. I went to teeny library number one and noticed their Internet wasn’t working. Apparently it had been down for days, a service guy was on the way. I climbed around under the desk and found that the computer was plugged directly into the wireless modem which was in turn incorrectly plugged in to the cable modem. Bad ports all around. The cable was working fine. Then I went to the basement to mess with the three donated computers. They are from an insurance company. They run Win2K which is not bad in my neck of the woods. I plugged them all in and started them up and was asked for a 25 digit license code. “Hey did these computers come with any software?” I asked. “Just what’s on them.” the librarian told me. I gave her a brief rundown on how to ask the insurance people nicely if they have software licenses for the software they sort of gave us and, if they didn’t, what our legal and non-legal options were. But that isn’t what I wanted to talk about.

What I want to talk about is audiobooks. I was present at the downloading of my other teeny library’s first audiobook today, and helped a patron get his first audiobook. The book was from Overdrive. Our library isn’t a subscriber but this patron had another library card at a place that has Overdrive. I was told when I got in that a patron with an iPod needed help getting an audiobook from this library. I said yeah he should be having some trouble, Overdrive doesn’t support Macs/iPods, or they don’t suppoer it. I launched into an explanation of DRM until I got the impression it wasn’t helping and sat and waited for the kid to show up. Turns out he didn’t have an iPod (as I suspected) and turns out he had checked out an MP3 player from the library that has the Overdrive subscription. They had offered to put the book on the MP3 player for him, but they also told him they didn’t know how to do it and suggested, according to him, that he should do it himself. So he came to the library that I work at. They told him to come back when I was working because no one there knew how to do it either. This is what we did.

1. restarted the computer in exec mode
2. went to the library website to assure that the book was “checked out” to the patron.
3. plugged in the MP3 player
4. downloaded the OverDrive Media Console
5. installed the Overdrive Media Console after a false start when the firewall blocked its attempt to download files to install into itself
6. Ran OverDrive Media Console which told us we needed a newer version of Windows Media Player
7. Went to the Windows site only to find that the version for our computers is Version 9, not the current version 11.
8. Fished around for a bit until we found version 9 and downloaded it
9. Installed WMP version 9.
10. Ran the OverDrive Media Console which said we need to get a Windows Media Security Upgrade for WMP
11. Installed the Windows Media Security Upgrade which is required before any DRMed files can be played
12. Re-ran the OverDrive Media Console
13. Downloaded the book
14. Installed the book on the MP3 player.

According to OverDrive’s website, this is about par for the course. Then of course the librarian told me that since I’d done all this with the Centurion Guard not unlocked, I’d have to do it all over again next time.

I appreciate that digital media is really where people are going, and I understand why. However, this was one of the worst user experiences I’ve had to subject a patron to in a library at any time, ever. The patron I was helping was a 13 year old kid who was totally agreeable about having to spend basically an hour getting an audiobook off a website, but I couldn’t look him in the eye and say “Yeah this is what it’s like when you want to read a book over a computer.” I just said “This is how it works when companies make dumb choices about how to sell digital content, and no one is telling them they have to do it any other way.”

The Listening Post blog over at Wired has an interesting little post about libraries that use Overdrive to “check out” digital content. The content only plays on Windows machines and comes with Digital Rights Management that tries to prevent copying and using materials past its built in due date. More interesting is the comments where people debate whether using DRM in cases like this is actually completely appropriate, or a totally unnecessary inconvenience to library patrons. [del.net]

“Yesterday, an 80-year-old librarian broke my penis.” (link 100% safe for work unless the word penis isn’t safe for work, in which case you’re sort of screwed already aren’t you?)

British Library says that DRM makes it tough to do its job.

Libraries are allowed to give access to, copy and distribute items through “fair dealing” and “library privilege” clauses in copyright law.

But as publishers attempt to stop the public illegally sharing books and articles, the DRM they employ may not cater for libraries’ legal uses.

“We have genuinely tried to maintain that balance between the public interest and respecting rights holders,” Dr Clive Field, the British Library’s director of scholarships and collections told the BBC News website.

“We are genuinely concerned that technology inadvertently may be disturbing that balance, and that would be unhelpful ultimately to the national interest.”

Don’t stop with the BBC story, go read the entire Libraries and Archives Copyright Alliance’s submission to the All Party Parliamentary Internet Group. A list of other responders is here (what a URL, huh?). Please make sure to notice who is covering the cost of providing the transcripts for these sessions…. and worry.

This wiki has more information on the people who submitted evidence to the hearing. I was going to email David Weinberger, whose name I noticed on the previous list, to see what he wrote about DRM but the wiki has links to his two articles “Copy Protection Is a Crime …against humanity. Society is based on bending the rules.” and, from that same wiki “Fair but Wrong”

Of course artists should be paid for their work, but behind the “It’s only fair” plea is an assumption the fairness consists of an equal exchange of value. If you pay for leather shoes and the store gives you leather shoes, then the exchange was fair. If, you pay leather prices for plastic shoes, the exchange was unfair. So the advocates of fairness propose making just a few changes to the Internet – which actually amount to redoing its basic architecture – that will ensure that artists are paid for the value their work creates.

But, it’s important to remember that that’s not how it works in the real world. If you buy a book, you can read it twice without paying the author again. You can lend it to a friend. She can sell it to a used bookstore. You and others just keep getting more and more value from the book, but the original bookstore, the author and the publisher don’t see a penny of that. All of those uses fail the “It’s not fair!” argument.

Two worthwhile stories from Ed Vielmetti’s blog Vacuum.

1. Sony rootkit music off the Ann Arbor District Library’s purchase list - a story about Ed’s librarian telling him of their decision to not buy music from Sony that installs “rootkit like” technology. These music CDs install nefarious software on a user’s system, ostenisbly to prevent illegal copying, and DRM circumvention and is highly controversial.
2. Interlibrary loan system MiLE in Michigan irrecoverably hacked - hacking is malicious vandalism, granted, but this is a confidence shaking security breach. Electronic ILL service in a good deal of Southeastern Michagan is broken beyond recovery until the roll-out of the next version of the software, at least a month away. This is a large-scale failure that should have been avoidable. Disasters sometimes happen. Are you preapred for yours? Joyhn Blyberg from the Ann Arbor District Library outlines steps libraries should take to secure their system, not later, now.

Princeton University is experimenting with textbooks that have Digital Rights Management embedded in them. They have a lot of nerve calling a textbook that expires in five months “universal”. The press release states that students “save money” though it does seem to be comparing apples and oranges. Sure, textbooks are expensive and can be of limited use once classes are over but at least you own the darned things and can resell them or do whatever you want with them. And if you don’t have your own computer just make sure you can use the same one in the lab every time you visit because you can only load your textbook on to one computer, period. No returns. Not accessible via dial-up. How dare they say “the information is the same as the print version” although I guess as a profession we haven’t had to deal with information that expires now have we? Perhaps it’s time we start.

update: it’s not the school it’s the bookstore that is running this DRMed ebook experiment according to an update on the post. Different thing, different import. Ed Felten, who works at Princeton posted some comments “I don’t object to other people wasting their money developing products that consumers won’t want. …The problem with DRM is not that bad products can be offered, but that public policy sometimes protects bad products by thwarting the free market and the free flow of ideas. The market will kill DRM, if the market is allowed to operate.”

I talked to Jenny a bit at ALA about Digital Rights Management and the ListenIllinois project. I was concerned, as she was, about the interoperability of the ebooks that the program provides, and the fact that their books won’t play on iPods, among other platforms and hardware device options. Luckily for ListenIllinois patrons, Jenny was in a prime position to do something about it. Her solution, though admittedly imperfect, is a glorious example of a librarian seeing a problem or an inequality of access, deciding that it needs to be fixed and setting policy to address that inequality: libraries that join the ListenIllinois contract now need to purchase at least one MP3 player to circulate audiobooks to patrons. I applaud her decision, her plan, and her dedication to explaining it and trying to err on the side of inclusivity and access instead of shrugging and saying “well, what can you do?”

It’s a proven fact that libraries help bridge the digital divide, and now we need to step up and help bridge what is a growing digital audiobook divide. It’s simply unethical to say you’re not going to circulate players because it would be too much of a hassle for your staff. This is the future format of audiobooks, and we need to make them available to everyone, especially because there are some titles that are available exclusively in this format. There are so many reasons to circulate your own players right now that it’s almost a crime not to. If you look at it from a PR standpoint, do you really want to be the one standing up in front of the microphone explaining why you couldn’t spend $70 on one measly player for those patrons that don’t have one of their own?

JD Lasica’s list of Top 10 assaults on digital liberties could just as easily be titled “Top 10 assaults on digital libraries” as diglet rightly points out. Of particular note to libraries is #10. I’ve been hearing more and more about libraries being strongarmed into consortia that requires them to forego IT and filtering decisionmaking, independent collection development and in some cases even in-house cataloging staff. Keep your eyes open to changed in your digital information environment, and the legislation that constantly surrounds it, so that you can be an advocate for access by your patrons.

Two examples of how smart people who are good with technology have gotten setbacks from doing perfectly legal things with digital media saddled with DRM. Read: Jenny the Shifted Librarian tries to watch a movie and Hilary, Rosen, former head of the RIAA tries to listen to music.

You can’t have it both ways Miss Rosen. If you want DRM, someone is going to have to control that DRM. And if you don’t think they won’t use that control to their ultimate advantage, you obviously didn’t learn anything from your association with the music industry.

[thanks alan]