what does it mean to call OCLC a monopoly?

Karen Coyle has a new blog post detailing what Sky River’s specific allegations against OCLC are.

[O]ne could look on WorldCat as a shared community resource, not the property of OCLC. In fact, OCLC uses this kind of argument in its record use policy, but somehow leads to the conclusion that WorldCat should not be used to foster non-OCLC library services. It seems easy to make the opposite argument, which would be that WorldCat could be the basis for a wide range of services that would benefit libraries, even if they do not come from OCLC.

Queens Borough and SirsiDynix settle

Queens Borough Public Library and SirsiDynix settled, nine months after QBPL brought a lawsuit against SirsiDynix. FYI. No details released. Here’s the relevant court document.

EFF takes on Google Books privacy issues

Normally I’m not much of a joiner, but… “EFF is gathering a group of authors (or their heirs or assigns) who are concerned about the Google Book Search settlement and its effect on the privacy and anonymity of readers. This page provides basic information for authors and publishers who are considering whether to join our group.”

You can join too, if you’d like.

oh Library of Congress, I am sorry you are not leading the way

Erica says it better than I can — regarding the discrimination lawsuit the Library of Congress lost because it rescinded a job offer from a hired applicant who disclosed that he was transitioning into becoming a woman — “Hey, Library of Congress. Cut that shit out.” Thanks to the wonders of YouTube you can hear Diane Schroer herself talking about transgender discrimination.

Topeka Library Board Restricts Access to Four Books

Library Journal put up a quick article about the Topeka Library Board’s decision from yesterday to restrict access to four books with sexual themes. I was following most of the meeting, in realtime with photos by keeping an eye on David Lee King’s twitter feed (starting about here) as I was in my all day meeting. Here’s the brief story from the AP Wire. I don’t think we’ve heard the last of this story.

One lawyer at the meeting told the newspaper he had already been approached by potential plaintiffs. “Because it would take these books off the shelves and place them out of reach of patrons browsing the shelves, the proposed policy is unconstitutional,” warned the American Civil Liberties Union of Kansas and Western Missouri in a letter to the board.

is this the CIPA lawsuit we have been waiting for?

Seth links to an ACLU-WA press release which states that they are helping three patrons and a non-profit bring a lawsuit against the North Central Regional Library System in Eastern Washington for not allowing adult patrons to disable the SmartFilter filtering software that the library places on its public access computers. No statement from the library in the ACLU press release, or on their own website at this point. I hope they can resolve this in some amicable way that involves a whole new tough look at CIPA and the overfiltering that often happens in the name of compliance. From the press release:

Bess blocks a very broad array of lawful information, and the NCRL has refused to unblock sites for patrons.

The lawsuit contends that the library system’s policy of refusing to disable its Internet filters at the request of adults who wish to conduct bona fide research or to access the Web for other lawful purposes violates the United States and Washington State constitutions. The suit seeks an order directing the NCRL to provide unblocked access to the Internet when adults request it.

As you may recall, CIPA mandates that libraries who get E-rate money “have the ability to block minors from seeing “visual depictions” of sexual activity” which usually involves installing filters.

However, the Supreme Court decision also made it clear that if these filters wound up blocking constitutionally protected speech from adults, there might be trouble. That is to say, the law was judged to be constitutional on its face, but it was undetermined whether the law was also constitutional as it is applied. This lawsuit may help untangle some of that

In the meantime, according to the Public Libraries and the Internet report issued by the Information Use Management and Policy Institute at the College of Information, Florida State University (at around p. 100 but read the whole thing) “15.3% (+/- 3.6%) of libraries [surveyed] said [t]he library has applied for E-rate in the past, but because of the need to comply with CIPA, our library decided not to apply in 2006.” This is a damned shame. The Institute surveyed almost 5,000 libraries, a pretty large group of libraries. To hear that over 700 libraries decided to forego E-rate money to avoid the burden of filtering… well what does that tell you?

USAPA lawsuit?

Sabrina points to some disturbing news from the ACLU about a PATRIOT Act related attempt to demand library records. Thanks to the gag order, the actual ACLU lawsuit has been heavily redacted but it’s summarized in news reports. Note that this is NOT a Section 215 challenge as near as we can tell, though the case in question does seem to pertain to a library or an entity holding library records.