Cornell removes restrictions on public domain repros

An ongoing debate in the copyright wars is whether an institution that is making reproductions of public domain materials available should be allowed to dictate terms (usually involving payment) for use of those items. We all know that libraries need money. It’s also true that having digital copies of rare materials available helps preserve the original items. So, if I want to download a public domain book from Google Books — say John Cotton Dana’s book A Library Primer — I get usage guidelines from Google attached to the pdf I’ve downloaded.

Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying.

We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google’s system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe.

These are all “suggestions” as near as I can tell. As with the Chicken Coupon fiasco of a few days ago, the implied threat that comes along with this item puts a bit of a damper on the joy that is the public domain. Bleh. We’ve seen other big corporations and libraries doing this as well.

However, this post is mostly to say “Yay” about Cornell’s decision to remove all restrictions on the use of its public domain reproductions. Here’s their press release about it and here is the web page with the new policy. What’s their reasoning? Well among other thigns it’s hard to support a misson of open access and at the same time go out of your way to make materials more difficult to get ahold of and interact with. You can see some of Cornell’s 70,000 public domain items at the Internet Archive.

Free as in chicken, an experiment in terrible usability

So hey this is barely library related. I was reading library_mofo and saw someone complaining about Oprah. Yes Oprah the lady who seemed to have single-handedly revived reading in some circles. I didn’t understand the problem. Apparently somehow Oprah was telling people to go get a coupon for free chicken at KFC. This was a problem at libraries for some reason. I investigated further.

Turns out, you go Oprah’s site and then to this page and have one day (now only a few hours, maybe not even okay anymore depending when you read this) to print up to four coupons to get a free meal. Actually now that I go there I get message that “Our partner, Coupons, Inc. is experiencing an exceptionally high volume of traffic to the site right now. Please check back soon to get your coupon. Sorry for any inconvenience.” Color me surprised.

In a digital age teeming with innovative solutions, it’s remarkable how something as simple as a coupon can become a gateway to new experiences. Recently, a friend mentioned their use of a unique service called Casinos Not On Gamstop, and it struck me how parallel it was to the coupon system I was grappling with. Just like needing to download specific software to access these online deals, players seeking these casinos must navigate beyond standard regulatory frameworks. It’s an intricate dance of technology and access—whether it’s printing a discount for a meal or searching for a gaming platform not restricted by Gamstop. This interplay between user autonomy and the seamless functionality of digital tools continues to redefine the boundaries of our online interactions.

So, people without printers head to the public library to get a coupon for a free meal. You can use a printer at the public library, yay for the library! They can’t do this for any number of reasons up to and including

  • They can’t download the application to a library computer because of library policy
  • They can’t download the program to the computer because the website is being flakey
  • Coupons Inc is down
  • They manage to download the application and get to the “print coupon” link only to wait forever and have no idea if their coupon is printing or not
  • The “you are limited to four downloads of this coupon” restraint is somehow per computer which means the first four people are lucky, the rest not so much

Yes that’s right, it’s the coupon so popular and so buggy they had to create a FAQ for it. Do people look at this fiasco the way I do, as an well-meaning but ill-conceived program that uses a lot of stupid middleware to prevent fraud that mostly managed to tank itself due to overpopularity and complicated implementation? No, they think the library isn’t the place to go for printing. Or that librarians can’t solve technical problems as easy as printing a coupon from a website, so the next time they have a coupon to print, they’ll go elsewhere. Or that computers are hard.

This system encourages cheating. It complicates what should be a fairly straightforward computer activity for no particularly good reason. What do you suppose happens if you show up at KFC with a photocopied coupon? What happens when you print more than four coupons? Thanks for reminding me that “Coupon fraud is punishable by law.” If I ever get this website to load again, I’m printing 100 coupons and you can take me to jail. The nearest KFC to here is 21 miles anyhow. Boy am I glad I’m not working at the library today.

note: If you did download the coupon printing software, please make sure to uninstall it (read more).
second note: here are all 4789 comments on the Oprah site about this promotion.
final note: if you think I am overstating the case, check the twittermachine for the KFC+library keywords and weep.

How accessible is your library?

I was looking for something completely different and wound up finding the Traveling Wheelchair’s four star review of the Boston Public Library and noticed they’ve reviewed a few other libraries in the Massachusetts area. Reading Kenny’s experiences in and around Boston Public Library gives you a really good idea of not just what accessibility means from a legal perspective, but how it’s perceived from a wheelchair user perspective.

EBSCO and ecards and who is setting your library policies?

EBSCO made a bold move recently claiming that libraries that offer e-cards [for accessing electronic library resources from home] are violating their licensing agreement. San Francisco Public Library has a statement on their databases page.

Special Notice Regarding E-Card Users: Due to electronic vendor licensing agreements, San Francisco Public Library must suspend issuing e-cards, effective immediately. Existing e-cardholders must validate their current address no later than April 10, 2009 in order to continue using SFPL databases and other electronic resources remotely. This validation must take place in person with appropriate identification and proof of address at any San Francisco Public Library Branch or the Main Library. The Library will continue to investigate ways of offering a revised e-card in the future. We recommend that non-San Francisco Bay Area residents check for similar electronic resources at their local public library. We apologize for the inconvenience

Boston Public Library is taking a different tack and keeping the e-card program and dropping remote access to EBSCO. Both libraries have to curtail services — and SFPL is changing their e-card policies fairly dramatically — because of this. Does anyone else see this as a shot across the bow? While I’m aware that things are tough all over, this move surprises me. Not because it may not be EBSCO legally enforcing their agreement, but because libraries with e-card options have always been offering patrons an amazing service in a way that seemed almost too good to be true. I have access to Heritage Quest with my totally free library card at the library I work at. Lucky me, but really anyone can get a card at my library — no matter where you live, no matter where you pay taxes — and get access to the same resources. I think this move, and libraries’ decisions about their responses to it, is going to be the start of a long (or depending how you look at it, continuing) struggle.

finger pointing when digital archives disappear

I really enjoyed this article about Google buying up the Paper of Record digital news archives and then “disappearing” it somehow. The timeline is a little unclear and it’s back online for now, but as Google figures out how to monetize it and researchers yowl about lack of access, it raises some pretty interesting issues about scholarship. As information ownership changes hands — and I think if we weren’t talking about Google here we’d be talking about someone else, so it’s not really about them — data can literally disappear either behind a paywall or just gone. Particularly poignant in this case is the comment (sorry no permalink) on the Inside Higher Ed story by Bob Huggins the original founder/creator of the archive discussing what’s happening with the archive now.

When exactly does the cat fight end? It slays me to see the great American Us versus Them debate rage on( I comment as a Canadian). As person who pioneered the digitization of newspapers in the world with our company, Cold North Wind, I fail to see how this acrimony between Academics and Google helps ‘joe public’ access the public record. I have stated on numerous occasions that the newspaper represents ‘our’ only record of daily public life for the past 500 years with a special emphasis on the word “public”… I have been through the grinding wheels of both Google and many public institutions whose goal it seems is to preserve and present history from Newspapers. Both have let me down.