The Authors Guild, for their part, has issued this statement about the situation which, on first reading, does make a certain amount of sense. As a librarian I’m more concerned about the overarching issues of digital rights management and the notion that even though you’ve nominally purchased a book (perhaps at a loss for Amazon) you still have an item that is, in part, controlled by its creator who can alter the item according to the license terms you agreed to. A little more about this on Slashdot.

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.”

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.

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.

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.”

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?

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]

There is clearly a substantial probability that, if enforced, the Flag Order will immediately harm the concrete and particularized interests of the NCSU Libraries. Absent the Flag Order, the Libraries will continue to assist NCSU faculty members make broadcast clips available to students in distanceeducation courses via the Internet, but there is a substantial probability that the Libraries will be unable to do this if the Flag Order takes effect. It is also beyond dispute that, if this court vacates the Flag Order, the Libraries will be able to continue to assist faculty members lawfully redistribute broadcast clips to their students.

Get more links and some discussion here, plus the great quote from the decision “Congress does not…hide elephants in mouseholes.”

Do you know who is getting the shortest end of this stick? The tenants in affordable housing units in Northern Virginia where GNU/Linux computer labs have been set up for them to use. Many of these tenants are hardworking immigrant families. Could the adults and children in these families benefit from greater access to audio books? You tell me. “Sorry, buster, you’re a digital minority. No audio books for you. Here, let me relieve you of your taxpayer dollars all the same.” How about this for irony — one of the books currently inaccessible? Martin Luther King, Jr., On Leadership: Inspiration & Wisdom for Challenging Times, by Donald T. Phillips. I hear it’s a good book.

[tametheweb]