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Top EU Court: Libraries Can Digitize Books Without Publishers' Permission

jfruh writes The top European court has ruled that libraries have the right to digitize the contents of the books in their collections, even if the copyright holders on those books don't want them to. There's a catch, though: those digitized versions can only be accessed on dedicated terminals in the library itself. If library patrons want to print the book out or download it to a thumb drive, they will need to pay the publisher.

102 comments

  1. Well now. by azav · · Score: 1

    Time to create a library that sells coffee and snacks.

    --
    - Zav - Imagine a Beowulf cluster of insensitive clods...
    1. Re:Well now. by Anonymous Coward · · Score: 0

      That's already a thing in many places.

    2. Re:Well now. by Anonymous Coward · · Score: 3, Insightful

      Indeed. And while I do look forward to a new reneassaince(sp?) for libraries in the light you described, it still highlights the obvious stupidity of the legal ruling. I.e. the court (from the /. summary) appears to be saying-

      "It is legal for any citizen to view any library owned artistic work, if they burn the gasoline or other energy needed to physically relocate their body to the library".

      *BUT*

      "It is not legal for any citizen to view any library owned artistic work, if they do not physically relocate themselves via the use of gasoline or other energy, and instead use modern information technology like 'the internet' to accomplish the same thing virtually."

      Yeah for logic in the modern legal age!!! ... sarcasm

    3. Re:Well now. by ShanghaiBill · · Score: 1

      Time to create a library that sells coffee and snacks.

      My local San Jose Public Library has a cafe, with coffee and snacks. I assumed that was common.

    4. Re:Well now. by oldmac31310 · · Score: 0

      Don't be so cowardly about using a dictionary in future please. Your hopeless attempt at spelling renaissance is not even phonetically remotely like the actual word.

      --
      http://www.acetonestudio.com
    5. Re:Well now. by Anonymous Coward · · Score: 0

      It is not. Having live most of my life in Wisconsin, I know there are no libraries there with such amenities. Currently living in Minnesota, I have yet to find any libraries with such amenities, but I have not visited many libraries here yet, either.

    6. Re:Well now. by Luckyo · · Score: 5, Insightful

      This isn't US. It's normal and expected to travel by foot, bike or public transit much of which is electric in Europe. Where I live, closest library is about 1km away, and it would take me significantly longer to get there by car than by foot.
      It would similarly take me much longer to reach central library of my city by car than by public transit, which has a stop about 500m from my home and a stop in front of the said central library.

      This has nothing to do with "burning gasoline", and this particular strawman collapses even when used on its own merits. And it's very obvious that this isn't what the court's decision was about in the first place.

    7. Re:Well now. by Anonymous Coward · · Score: 3, Funny

      Maybe he didn't feel like driving down to the library to look it up?

    8. Re:Well now. by Anonymous Coward · · Score: 0

      Actually its burning natural gas and coal to produce electricity. In Germany coal-fired electrical generation plants are often built in parallel to renewable generation plants to provide a backup to the irregular renewables.

      Renewables are great but lets not pretend that electricity is inherently clean. It often merely masks fossil fuels. Its a step in the right direction, perhaps we will get there someday, but we are still far off.

    9. Re:Well now. by Boronx · · Score: 2

      Maybe advocates for those with disabilities will be able to broaden this ruling.

    10. Re:Well now. by Anonymous+Brave+Guy · · Score: 2

      The thing is, as many a Slashdotter has pointed out, you can't accomplish the same thing virtually. If you let people download material from a library then there are only two realistic options. One is that you provide the material with huge amounts of DRM and interfere with readers' own systems in dubious ways. The other is that you create a blatant avenue for copyright infringement and inherently give it special legal blessing that is intended to protect the public resource of a library for entirely different reasons. It is highly unlikely that libraries would support the former, and there is no way the latter was going to fly legally.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:Well now. by Luckyo · · Score: 1

      France on the other hand is mostly nukes. Next strawman?

    12. Re:Well now. by Anonymous Coward · · Score: 0

      This has nothing to do with "burning gasoline"

      What part of or other energy confused you? And no, traveling by foot or by bike still counts. You need to eat, don't you?

      this particular strawman collapses even when used on its own merits.

      And what strawman would that be? I am genuinely curious as to what you think I was trying to argue.

    13. Re:Well now. by lothos · · Score: 1

      The Ramsey County Libraries all seem to have cafes and coffee shops. The one in Roseville has a Dunn Bros coffee shop inside it, and Maplewood has a cafe of some sort. Hennepin County Libraries seem to have similar.

    14. Re:Well now. by Atzanteol · · Score: 1

      Driving? Is that something like burning gasoline to physically relocate his body?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    15. Re:Well now. by Anonymous Coward · · Score: 0

      You're confused, not all europeans are all flaming homosexuals.

    16. Re:Well now. by Anonymous Coward · · Score: 0

      This has nothing to do with "burning gasoline", and this particular strawman collapses even when used on its own merits.

      No it doesn't, you ignored the "... or other energy" part. His point still stands, he's just using a different viewpoint than you (or the court). They can't allow you to have a copy of the material on your own device (even for viewing, a copy is a copy), but they do want to move our libraries into the 21st century, hence the requirement to be physically present at an establishment in order to access it. He's mocking the idea of copyright restrictions by comparing these conditions to what a modern library would ideally be like: as open for people on the Internet as it is for people coming in through the door.

      I'm saying this as someone who lives 2min from this thing http://www.railpictures.net/im... running 24/7. Yet I don't even know where the nearest library to me is (something I shall rectify), because if I don't find a copy of what I'm looking for on the Internet, I'm probably not going to just walk into any local library and find it right away. It's not how people find information anymore.

      - 897123, a/c b/c mod

    17. Re:Well now. by dave420 · · Score: 1

      The ruling is simply stating "The public can view digitised copies of material held by libraries" and that libraries "can digitise material and keep it under their own control".

      What's so hard to understand?

    18. Re:Well now. by Anonymous Coward · · Score: 0

      Well, I expect this to be very hard to understand for Americans, but in Europe we have cities we use to walk.

      I know, I know, it is really hard to believe. I had lived in America(USA), and there all but a few very expensive cities like San Francisco are designed for cars alone.

      We also have lots of public libraries near us. e.g I have a public library 50(150 feet) meters from my house. This is very normal. In the small village I go on vacation in the north of Spain with 200 habitants we have a good public library.

      I had used amazing public libraries in Germany, France, Austria, and Italy.

    19. Re:Well now. by Anonymous Coward · · Score: 0

      Wrong. There is a third option: Permit library users to send drones into the library to operate the terminals on their behalf. Some sort of telescopic poking stick could be fashioned to press keys or touch-screens, or operate other input devices. Yes, copyright infringement would still be feasible, but it would be more difficult and the same issue would arise if a library user with a bionic eye happened to walk into the building. It would be wrong to discriminate against cyborgs.

    20. Re:Well now. by Anonymous Coward · · Score: 0

      This has nothing to do with "burning gasoline", and this particular strawman collapses even when used on its own merits. And it's very obvious that this isn't what the court's decision was about in the first place.

      I understood the thinness of the appeal to the environment I was using when I said "burning gasoline", which is precisely why I added the secondary "or burning other energy". Which is thin as well, because at least in the U.S. most people can generally do with more excercise.

      You however, accused me of strawmen, while failing to see the legitimacy of my larger, and I still think important point. My point was that- if a society (here the EU) believes that the public having access to digitized (and thusly better than the original sold product, at least in terms of longevity, if not parallel use) versions of library owned artistic works, then why in the world wouldn't society see the same benefit at a larger scale by allowing telepresence into the picture? That seems stupid to me.

    21. Re:Well now. by Anonymous Coward · · Score: 0

      Pff... venue for copyright infringement.

      More and more, the idea that tools that could be used for crime should be outlawed is destroying any kind of freedom that remained in most societies in the world.

      Committing a crime should be outlawed. Possessing a tool should never be the case, nor some legal application of tools that doesn't, but someone could subvert to commit one. The slope is very slippery, and we're at freefall nowadays.

      Do mention guns please. They're how this starts, because everybody agrees guns are dangerous enough that it warrants such measure. Slippery slopes are sloped and slippery, because once you take a first step, our psychology lowers the bar for the next step, creating a snowball of freedom revocations.

      TFRuling isn't about creating the venue for copyright infringement or not. It's about fair use of works libraries already possess. Fair use, the ruling implies, is anything that is required for a library to perform its core mission, and digitizing in order to show the works on electronic terminals under the library's control is part of it. Which is reasonable, anyone except greedy publishers can agree.

    22. Re:Well now. by Anonymous+Brave+Guy · · Score: 1

      The argument about committing crime being outlawed would be more convincing if basic copyright infringement were treated as a crime and was actually investigated and punished in some proportionate way by the authorities when it occurs. The reality is that copyright is in most cases a civil matter, which means that while the cumulative damage to a genuine victim can be significant, they are essentially responsible for their own protection, without any police or public prosecutors to help them the way a victim of say theft or fraud would have. And the costs of bringing an action to recover losses are disproportionate in most cases, because copyright infringement kills with a thousand cuts.

      Also, we're talking about the EU. Everything your wrote about fair use doesn't apply here. We tend to have more specific exemptions to copyright in our national laws in Europe, often including certain special privileges for libraries because of their unique public service role, and that is the matter at hand.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    23. Re:Well now. by sjames · · Score: 1

      The library could offer VNC/RDP sessions to designated book reading machines.

    24. Re:Well now. by Anonymous Coward · · Score: 0

      This ruling is a good thing!

      It means that the libraries only need to purchase a single copy of the work, which is not allowed to be freely copied.

      Don't be so f'n naive, we all know that if people can freely copy any material they will - you sound like someone that expects others to create content for you and you don't want to pay them for their efforts!

  2. Fair Use by style7711 · · Score: 3, Insightful

    As long as it's a 1 to 1 physical to digital copy this sounds like fair use to me.

    1. Re:Fair Use by derideri · · Score: 2

      Once it's digital, there is no 1:1 ratio. A simple Ctrl+C + Ctrl+V and suddenly it's a 2:1 ratio.

    2. Re:Fair Use by vux984 · · Score: 2

      As long as its "within a library" it sounds like fair use. Its a public good for libraries to be full of books, digital or otherwise. The more availability the better.

      If someone wants to go to a library to read books there instead of buying or borrowing copies, I'm fine with that.

      The publishers and authors may object to the small loss of revenue it entails, but its a good trade off for society as a whole.

    3. Re:Fair Use by Anonymous Coward · · Score: 0

      DRM

    4. Re:Fair Use by perpenso · · Score: 3, Insightful

      Once it's digital, there is no 1:1 ratio. A simple Ctrl+C + Ctrl+V and suddenly it's a 2:1 ratio.

      The GP's point stands. That first digital copy does seem like fair use and a hypothetical second copy does not change this.

      Besides, note in the summary "can only be accessed on dedicated terminals in the library itself". The app dedicated to accessing the database and displaying the book can simply not implement copy/paste. You won't be connecting your laptop to the library network and accessing the database.

      That said, its likely the digitized text will get out somehow.

    5. Re:Fair Use by turgid · · Score: 1

      DRM

      Google Glass (or similar small, wearable camera, preferably hidden).

    6. Re:Fair Use by Rob+Y. · · Score: 2

      I agree that sharing a copy of a book in a library is fair use. But simultaneous sharing among multiple readers is not fair use. A library can stock multiple copies of a popular book and share them among thousands of users. But one reader per copy at a time. Otherwise your 'good trade off for society as a whole' becomes out and out appropriation. I agree that libraries would be great places if every book you wanted were always 'in the stacks', but you're not talking about a small loss of revenue any more.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    7. Re:Fair Use by Archangel+Michael · · Score: 2

      So, you'd spend huge amounts of time, stealing words off a screen, in order to not buy a book, because you're too fucking stupid to spend the same amount of time doing something legitimate work for pay and have change left over for the coffee you consume while stealing said book?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    8. Re:Fair Use by unrtst · · Score: 3, Insightful

      I agree that sharing a copy of a book in a library is fair use. But simultaneous sharing among multiple readers is not fair use. A library can stock multiple copies of a popular book and share them among thousands of users. But one reader per copy at a time. Otherwise your 'good trade off for society as a whole' becomes out and out appropriation. I agree that libraries would be great places if every book you wanted were always 'in the stacks', but you're not talking about a small loss of revenue any more.

      We're all damned lucky that the concept of libraries was established WAY before copyright (~1200BCE). I highly doubt the idea would be tolerated with so many people viewing copyright as something so sacred as you make it out to be. What does fair use have to do with this anyway? This is a pretty nice read: http://en.wikipedia.org/wiki/H...

      I believe libraries should be able to carry any and all digital copies of books and provide them in unlimited fashion to those at the library. I do not believe that would affect revenue in any noticable way. I'm quite confident an opinion poll asking how many people would go to the library and read books on a physical work station screen if all digital books were there... that would turn out to show very little additional participation relative to book sales volumes, but a not insignificant increase to library visits (they're already pretty low).

      Directly relating paper books one-to-one with a digital copy is silly - it's simply not the same thing. At the same time, I'm drawing a very arbitrary line in saying people should have to go to the library. Perhaps they should be allowed to let people take home digital copies using the one-to-one physical copy restriction or a separate digital copy license? I'm not sure where the line should be past the library, but I don't see any reason to restrict it within the library.

    9. Re:Fair Use by queazocotal · · Score: 3, Interesting

      Reading lightly the judgement at http://curia.europa.eu/juris/d... - a number of issues are raised.

      It is several times noted that it's a 1:1 based on physical books.
      One of the most important reasons for digitisation would be to protect physical books from being lost.
      Digital books, of course, can be backed up.

      The judgement does not quite help with that - if a paper book is disposed of, destroyed, or catches fire - you lose the right to at the least display it - it is not clear to me that you have any right to retain the digital copy.

      "use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections; "

      This has some problems.
      If you digitise your collection, can you only provide access at the site you digitised it at?
      At any building in the same complex?
      At any building managed by the same entity as the original digiser?
      At any library with inter-library loan arrangements with the first library?

      The judgement diddn't address this, they just said the fundamental right existed.

      Another major hole in the judgement is 'by communication' - unless this is separately defined - one could imagine it being OK to connect (with DRM) to some dedicated terminal which provided copies of books via your phone or tablet.

      The judgement also notes that it's free for national lawmakers to permit libraries to print or give digital copies - if the original publisher is properly compensated - even if the original publisher declines this.
      This could vastly free up access to some books where the publisher is unidentifiable.

    10. Re:Fair Use by agm · · Score: 1

      It doesn't to me. If I sell a book to someone and a part of that sale is a contract that explicitely prohibits digitisation, then they should not be able to digitise. The law should not be able to trump private contracts.

    11. Re:Fair Use by Atzanteol · · Score: 1

      Law always trumps private contracts. Private contracts are enforced by law and dependent upon it. If I signed a contract that would make me a slave you couldn't enforce it (not with the legal system at least).

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    12. Re:Fair Use by alexander_686 · · Score: 1

      You might want to reread your link. Free public libraries came into being after copyright. Before then, the libraries where state (restricted to officials) or subscription (think Blockbuster). It is one of the great inventions of America, Ben Franklin, and Andrew Carnegie. They existed, but before this they were as rare as hen's teeth.

    13. Re:Fair Use by snsh · · Score: 1

      Gotta love the analog loophole.

    14. Re:Fair Use by chefren · · Score: 1

      You can do that today with regular books. I can understand the secret agent wibe in "microfilming" books at the library, but it's certainly no longer a simple Ctrl+C + Ctrl+V.

  3. "they will need to pay the publisher" by kthreadd · · Score: 3, Insightful

    Nope, they will need their permission. That doesn't necessary include financial compensation.

    1. Re:"they will need to pay the publisher" by i+kan+reed · · Score: 1

      What they mean is that, without explicit consent(which it's clear the publisher was refusing in all cases), that's just a royalties generating event.

    2. Re:"they will need to pay the publisher" by jratcliffe · · Score: 1

      True, but it's hard to imagine the publishers will just say "hey, go ahead, make them digitally available without paying us anything - we're not in the business of selling books or anything!"

    3. Re:"they will need to pay the publisher" by Anonymous Coward · · Score: 2, Interesting

      The library already paid the piublisher for the book. They got their cut, game over.

      This is just enforcing first-sale-doctrine for the libraries.

    4. Re:"they will need to pay the publisher" by Gr8Apes · · Score: 2

      The other interesting thing about this is that now libraries will never "lose" a book, or have it wear out, etc, as long as they have good backups. Probably another reason publishers were against it - once bought, no repeat business.

      --
      The cesspool just got a check and balance.
    5. Re:"they will need to pay the publisher" by Anonymous Coward · · Score: 0

      Are you assuming they could re-print and start lending a lost or damaged book? I don't think so.

    6. Re:"they will need to pay the publisher" by Luckyo · · Score: 1

      Damaged books are usually repaired, not re-printed. It's amazing what you can do to a torn up book using some transparent tape and glue.

    7. Re:"they will need to pay the publisher" by gnupun · · Score: 1

      The library already paid the piublisher for the book. They got their cut, game over.

      Yes, they paid for the book. But for how many copies to be used in parallel or simultaneously? If the library buys 1 copy, it can serve only one library patron at any given time. You can't go into a grocery store and buy unlimited potatoes for a fixed sum. The price varies depending on the weight you buy.

      Does the judge's ruling imply the library can give all its patrons access to a book simultaneously while only paying for one? If it does, it's breaking copyright rules.

    8. Re:"they will need to pay the publisher" by Anonymous Coward · · Score: 0

      I don't know about other countries, but in Estonia (East of EU) the publishers are required by law to give away 2 to 8 copies for "archival purposes" for free. These go to the central library and sometimes to a few others. So in this case you could even rule the "once buying" part out.

      What they get in exchange is free ISBN registering service (so they know which books they can ask for and from whom).

    9. Re:"they will need to pay the publisher" by queazocotal · · Score: 1

      It specifically refers in the body of the judgement to not putting libraries that had digitised books at an advantage' - so you can't digitise a book, and show it to more than one person at once.
      (unless you have more than one physical copy).
      If the physical copy goes away, so does your right to show it.
      It's not clear you have the right in that case to keep the digital copy.

    10. Re:"they will need to pay the publisher" by ChrisMaple · · Score: 1

      I would argue that the purchase of a book brings with it the right to read that book. If the book is destroyed, the right to read it is not destroyed along with the book. However, if the book is sold or given away, the reading right follows the book.

      --
      Contribute to civilization: ari.aynrand.org/donate
  4. ok by hypergreatthing · · Score: 1

    then the next big thing for European libraries is to allow vpning into the library network and remote viewing the kiosks through a webpage. Sounds fair to me.

    1. Re:ok by Anonymous Coward · · Score: 1

      European libraries already have e-book and music lending services. I don't have any ebook reader yet but with wine and adobe craprobat I can read them despite the Linux-unfriendly DRM. I had to go through some more effort to get the music lending service to work with linux since wine couldn't run the application. However, let's say that when trying to get any Linux program to play the music, I ended up discovering how to listen to what they have without ever having to remember to "return" (or "borrow" the recordings...).

    2. Re:ok by Anonymous Coward · · Score: 0

      Adobe Reader hasn't been called "Acrobat" (or "craprobat" for that matter) for million years.

    3. Re:ok by bobbied · · Score: 3, Insightful

      then the next big thing for European libraries is to allow vpning into the library network and remote viewing the kiosks through a webpage. Sounds fair to me.

      They need to allow the creation of satellite locations by their members and then connect all these locations (the member's computer) via VPNs... That way, I can just have my own living room become part of the library and read anything in the collection. Sounds like a win/win to me..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:ok by Anonymous Coward · · Score: 1

      Well, it should be. Craprobat is still very much applicable.

    5. Re:ok by Anonymous Coward · · Score: 0

      Sounds good. Of course require standard working hours of all satellites where ALL library users can come in an use the satellite location terminal.

    6. Re:ok by queazocotal · · Score: 2

      That's not required under my reading.
      The full text of the original law referred to is 'use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections; '

      It is quite arguable that VPNing into a virtual screen of a terminal is in fact compliant with the law - as long as it does not allow >1 person to view it at once.

    7. Re:ok by Anonymous Coward · · Score: 0

      At the time it was, I mean it was at least five years ago. Besides, since I think some Adobe software (read: Premiere) isn't crap, I thought it was a more appropriate name than Assdobe Reader or something. I mean, I have to make fun of stupid names...

  5. Sounds reasonable by jratcliffe · · Score: 1

    If it's to be fair, though, there needs to be a link to the inventory system, disabling digital access to any book where all the copies are checked out. Wouldn't be an issue for reference books, though.

  6. Searchable? by ramriot · · Score: 3, Interesting

    Ok, so an EU library can scan works for access on their own 'terminals' for research. Can they also make those works searchable in a similar way to that which Google does? And if so can they allow access to that index (like their book index) over the internet?

    If they can then at least in the EU Google has a copyright exception if it partners with at least one EU library organisation, to their Google Books project.

    1. Re:Searchable? by Anonymous Coward · · Score: 2, Interesting

      That's a good point and it makes me wonder if perhaps that's how/why the law was put in place...

      google has deep pockets and a way of seeing opportunities and loopholes a mile a way, i wouldn't be at all surprised if this law was created by or for a google lobby

    2. Re:Searchable? by Anonymous Coward · · Score: 0

      If they can then at least in the EU Google has a copyright exception if it partners with at least one EU library organisation, to their Google Books project.

      Don't know about all of EU but the country in EU where I live have plenty of different copyright exceptions. For example there are already provisions for making copies of audio-books from the library if I am to make them available to someone with a disability that prevents them from going to the library themselves.

  7. And this makes things easier...how? by geekmux · · Score: 2

    I'm still struggling to understand how digitizing a library and then creating these kinds of restrictions around the use of the content somehow makes it easier to use said library.

    Today, I can walk into a building called a library, and check out a book for several weeks, and not have to pay or communicate with a single person outside of that facility in order to do so.

    Compare and contrast that with a "new and improved" digitized library saddled with legal loopholes and requests as you simply attempt to leave the building with information in the same manner as before.

    Yup, seems legit. In a MAFIAA kind of way.

    1. Re:And this makes things easier...how? by Anonymous Coward · · Score: 0

      If the original is damaged or lost there would be a digital alternative on hand.

      Not to mention the host of accessibility features that can be opened by a digital version over a hard copy

    2. Re:And this makes things easier...how? by Bill_the_Engineer · · Score: 1

      Digitizing a book doesn't destroy the original. This means that digitizing the book will have absolutely no negative effect on your library experience.

      Instead it allows the library to continue loaning out the original without the fear of losing something that is out of print. Also, people will be able to read the book at the library even though the original was checked out by someone else or even lost or damaged.

      I don't see how this is a problem for you.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    3. Re: And this makes things easier...how? by Anonymous Coward · · Score: 0

      Quite often, digitizing the original does destroy it.it's "too expensive" to have an operator place the book spread across a platen to be scanned. So the spine of the book is cut off and the pages sheet-fed through a scanner and then pulped.

    4. Re: And this makes things easier...how? by Bill_the_Engineer · · Score: 1

      Google has a scanner made specifically to scan library books without damage. You may actually want to research it.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  8. No reason to require location by gurps_npc · · Score: 1
    That is, the library should be able to create a dedicated l-e-book (library e-book) that has no USB or other input/output port.

    The only way to access it would be via wireless, and it would have proprietary software that can use an open internet connection to go to the libraries specific website and search/download/erase books.

    This prevents people from copying or 'stealing' (quotes there for a reason people) information, but would allow the same functionality that a normal lending library allows. The books could have automatic erasure programmed into the library-reader, after 2 weeks

    --
    excitingthingstodo.blogspot.com
    1. Re:No reason to require location by bobbied · · Score: 1

      Just think... No late fees...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  9. Thats kind cool by future+assassin · · Score: 2

    CopyrIght Sanity
    Library
    Cafe room
    Profit!!!

    Have the libraries set up small cofee/tea room sections where users can buy stuff and read the books on book readers/pads

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  10. Perhaps the first DRM use case i can get behind by maliqua · · Score: 2

    Personally i think if they used proper DRM to ensure they didn't have 'too many' copies of a book out at a time this would be the best solution, and the one most true to the library model. Allowing this at dedicated terminals is a start, but I would really like to see a model that allows them to work as library should work, but without the need to to bring the physical book home.

    1. Re:Perhaps the first DRM use case i can get behind by HiThere · · Score: 1

      There is not such thing as "proper DRM".

      One benefit of this ruling is that when (if?) a work goes out of copyright, it will still be available, even though the publisher refuses to sell copies.

      That said, current copyright law is so irresponsibly excessive that I have my doubts that (in the US, at least) anything will ever go out of copyright that isn't already out of copyright.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Perhaps the first DRM use case i can get behind by Anonymous Coward · · Score: 0

      One benefit of this ruling is that when (if?) a work goes out of copyright, it will still be available, even though the publisher refuses to sell copies.

      That's the publisher's (and in some cases author's) prerogative and not yours, ass.

      Information is not 'free'.

    3. Re:Perhaps the first DRM use case i can get behind by HiThere · · Score: 1

      I don't think you understand the justification for the existence of copyright. The grant of a temporary monopoly is not the purpose, it's the payment. And the word temporary should be strongly emphasized. Originally it was, IIRC, 17 years, and there are many arguements that this is now too long a period of time.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  11. The law should be... by Anonymous Coward · · Score: 0

    For every physical copy owned by the library it can choose to lend such materials in any way it sees fit.

    Then all books can be loaned online, up to the amount owned by the library. Patrons can then read the physical copy in the library but not take them off premises (since reading the book at the library does not constitute lending the materials).

  12. 'terminal in a library' by Mister+Liberty · · Score: 2

    Define 'in'.
    In short: good news.

    1. Re: 'terminal in a library' by Anonymous Coward · · Score: 0

      Well, first off, this terminal is connected to the storage server using a token-ring network....

    2. Re:'terminal in a library' by Animats · · Score: 1

      Define 'in'.

      "In" means at an "dedicated electronic reading point" in a publicly accessable library. Not necessarily the library that contains the paper copy. The main restriction is that libraries may not use this to reduce the need to buy multiple copies to satisfy demand.

      This is great for scholars who really need to see some obscure published paper from 1982, and are not near a huge academic library. It's great for people who like to read out of print novels. It won't do anything for people who want to read the latest best-seller when all the library copies are checked out.

  13. Good. by mythosaz · · Score: 1

    Even if it doesn't have some sort of clear analog for home users, and even if it doesn't line up with the rest of copyright laws, a good public library is the cornerstone of a civilized world.

    Pass a few laws that make for good libraries. I'll vote with 'ya.

    1. Re:Good. by martin-boundary · · Score: 1
      Exactly. Libraries are the repositories of Humanity's Knowlege. Remember all the stuff we used to know that got lost when we burned the Library of Alexandria? No? Of course you don't, 'cause we lost it.

      When it comes to books and knowledge, the economics of publishers has to take second place to the imperative of preserving all the copies we can. Not only should libraries be able to make all the copies they want, they should also be able to share their copies with other libraries. The future demands it.

  14. Not all libraries let you check out books by oneiros27 · · Score: 3, Interesting

    You can't check out a book from the Library of Congress. There are plenty of other 'non-circulating' books at most public libraries (eg, they won't let you take home volumes from an encyclopedia, textbooks when a teacher has asked that they be put 'on reserve').

    What this does is allow libraries & archives to do a few things:

    • Keep backups of their holdings.
    • Reduce risk in letting patrons look at the mateirals (as they don't touch the originals)
    • Reduce long-term costs. (keep the physical books at 'off-site storage' (ie, warehouses in less expensive areas), and not have to worry about how fast it'd take to access them if they're requested).
    • Free up space for other purposes (meeting rooms, computers, etc.) while still having access to the whole collection.
    • Free up librarians. (many archives have 'closed stacks' where you request a book, and a librarian goes down to get it for you ... this means they don't have to do that).

    That being said, there are some drawbacks -- if the physical books are being placed into deep storage, they're not getting inspected, so should something go wrong (eg, mold start to develop), it may progress further before someone notices.

    I'd actually be interested in seeing the full text of the decision, to see if there are limits as to how many digital copies can be viewed at once -- if a teacher puts a book 'on reserve', and the library scans it ... can 4 students view it simultaneously if the library only owns 3 copies?

    --
    Build it, and they will come^Hplain.
    1. Re:Not all libraries let you check out books by Anonymous Coward · · Score: 1

      This is not just about books. Think all the other paper that out there, including newspapers. How do you think they will store newspapers for 100s of years? Microfilm? Digital is much less cumbersome.

      Another example is scientific journals. Sure, more are now online "as a service", but there are entire library floors dedicated to older journals that are not available.

      As to number of concurrent viewers, that is immaterial. If a library has 1000 reading terminals, WiFi accounts, whatever, and there are 1,000,000 pieces of material available, then it does not matter if 10 are looking at the same thing. You can already do that with paper anyway. The important part is the item is only available in the library.

    2. Re:Not all libraries let you check out books by AmiMoJo · · Score: 1

      UK libraries do digital loans. You have to download some shitty DRM app but it is at least possible.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:Not all libraries let you check out books by advocate_one · · Score: 1

      digital also means you can quickly search those old newspapers as well if they get indexed... something you cannot do with paper or microfilm/microfiche...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  15. Even with the restrictions, this is great news by davidwr · · Score: 2

    Physical good decay over time.

    In principal, once something is digitized and stored on archival media in an un-encumbered (patent/etc.-free) published format, it will be available forever, without further degradation. Once the copyrights do expire (and except for rare exceptions like Peter Pan, the will), the digitized copies can be made available to the public.

    Having digital copies also means you can have a second digital copy that is stored "offline and stored hundreds of km away," which is important if the item if the library burns down or if the city the library is in becomes a war zone and not only the library but other "local" locations that house the "offsite backups" are destroyed.

    The deterioration due to time isn't going to be critical for most texts, but for photographs, paintings, and other material that may have been published on non-archival material, getting it scanned now sure beats waiting for the copyright to expire before scanning.

    On this 9/11 anniversary, we have to remind ourselves of the loss that can happen when "the only copies" are destroyed: The photo archive of the construction of the World Trade Center was housed at the World Trade Center. There was no offsite backup. When the buildings were destroyed, so was this photo-archive.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  16. Typo in line 1: Physical goodS decay ... by davidwr · · Score: 1

    Physical good decay over time.

    Physical goods, like the neurons in my brain, decay over time. Sorry about that folks.

    There are probably other obvious clerical errors, but I trust you guys can figure out what I meant to say.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  17. no permission needed by bzipitidoo · · Score: 2

    It's a start. Lot of "owners" think they have such far reaching power over works of art, think they get to dictate what others may and may not do.

    I've heard many a museum claim that copyright gives them the authority to forbid photos. It's one thing to forbid flash photography on the grounds that flashes put out UV radiation which can damage art. But they try to forbid photos, not just flashes. Claim that it would violate copyright, even though the work of art in question is long out of copyright, and they never held ownership of any copyright over the work anyway. The Alamo also claims it's "disrespectful" to the dead. A building near downtown Dallas, the Infomart, has signs that say you can't take photos of the building, and they include in that photos of the exterior from public locations such as nearby sidewalks. They claim it's for security reasons. Some museums reveal their real fears, crying that they will not have any more visitors, not be able to sell postcards. Was funny to hear this one old lady complain about the Internet ruining their business.

    One place I know of that did have a change of heart is the memorial to the Oklahoma City bombing. They still have signs up that forbid photos inside, but if you ask them, they will tell you that you can take pictures.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    1. Re:no permission needed by Solandri · · Score: 1

      Lot of "owners" think they have such far reaching power over works of art, think they get to dictate what others may and may not do.

      The power to dictate what others may or may not do with a work of art doesn't come from the copyright. It comes from the license/purchase agreement the buyer agrees to when purchasing the artwork. Artists are able to get people to agree to those terms because they have copyright and thus exclusive control over sale and distribution. But dictating how buyers use the artwork comes form the terms of the license/purchase agreement itself. The buyer always has the choice to reject the license/contract and not buy the artwork.

      There was a case where an artist was commissioned to build a sculpture to fill a courtyard between some buildings. He ended up building a long metal wall which divided the courtyard diagonally. People who worked in the buildings complained that they had to walk around the sculpture, whereas before they could walk straight through the courtyard. So the owners made plans to cut a hole in the middle of the sculpture to allow people to walk through the middle again. The artist sued on the grounds that his contract stipulated the artwork couldn't be significantly modified without his consent. And the court agreed with him. (I can't find the sculpture on Google, so maybe someone else remembers and can provide a reference. I believe the owners ended up removing the sculpture, since their contract with the artist was basically take it or leave it.)

      This is also why you have to be very careful when you license or contract something, rather than outright buying it. With a straight sale, the item is yours to do with as you please. Whereas a license or contract may contain terms limiting what you can do with the item even though you may consider it to be "yours". Read the fine print carefully before signing off.

    2. Re:no permission needed by Anonymous Coward · · Score: 0

      There is something called moral rights, it is part of copyright. The moral rights allows an artist/author to dictate how his work can be used or modified.
      Interestingly enough, although copyright can be transferred, moral right cannot be.

      So even if you outright buy a painting or a sculpture you are not allowed to modify or destroy it, unless the artist gives you permission.

      I am not sure how it works, but destroying a painting after the author is dead is illegal, maybe the moral rights are inherited by the state after dead?

    3. Re:no permission needed by bzipitidoo · · Score: 1

      Automobile makers do not get to dictate what their customers do with the cars they built. If the buyer wants to chop the car, make it into a lowrider, put different wheels on, change the paint color, smash it, bury it, or throw it with a trebuchet, there's not a thing the automobile manufacturer can or should be able to do about it. John Lennon's psychedelic Rolls Royce offended some people. Some of these people had nothing to do with the automaker, they were just upset that someone did something they thought inappropriate to a product they admired. Lot of rock stars are great at puncturing sacred cows that people didn't even realize they had.

      Some people get all bent out of shape over a flag burning. Others find book burnings offensive. Get over it. Let them throw copies of Huckleberry Finn, Harry Potter, and the Dungeon Master's Guide in the flames all they like. Nothing is lost, even more so if digitization has not been blocked. The best the arsonists can hope for is that nothing comes of it, as it could backfire and raise awareness of those works. On numerous occasions, vandals have tried to destroy works of art. If there are digital copies, destruction is practically impossible. In any case, a great work like the Mona Lisa can last only so long. It will inevitably deteriorate. If idiotic copyright laws and museum policies have prevented us from copying it into a more permanent form, for posterity, we deserve to lose it to the next time some insane person loses his mind and attacks the art. Rarities have been lost because the owner decided to destroy it. If there are good copies everywhere, the owner of an original can't deny a work to the rest of us out of spite, malice, revenge, or whatever, can't demand a big ransom not to destroy it. Can't mutilate it either through reckless bureaucratic policy, as was done to many paintings, including Rembrandt's Night Watch when they cut the painting down to size to fit a space. Then there are always Acts of God. Art has been lost in fires, floods, earthquakes, and other natural disasters.

      I don't see why a work of art should be any different from a car. If the artists don't like it, it should be their responsibility to make copies or documents describing how to recreate it, before handing one over to a buyer. It's not like making a copy is so hard any more. Indeed, the biggest barriers can be legal ones.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    4. Re:no permission needed by Anonymous Coward · · Score: 0

      The power to dictate what others may or may not do with a work of art doesn't come from the copyright. It comes from the license/purchase agreement the buyer agrees to when purchasing the artwork. Artists are able to get people to agree to those terms because they have copyright and thus exclusive control over sale and distribution.

      Unfortunately, you are forgetting a key issue: a nation's legal profession is necessarily in a position of ethical conflict of interest with respect to the nature, scope, and form of its legal system. This conflict of interest is likely to result in legal professionals choosing to put or allow things in contracts that violate fundamental human rights, simply because doing so artificially increases the long term demand for their services.

      After all, if people don't understand the legal system, or the contract they sign, or even if those contracts merely interfere with reasonable behavior that should be independent of contracts, that state of affairs necessarily increases the demand for the services of legal professionals.

      Also, this conflict of interest tends to make legal professionals want to extend the scope of contract law, causing contracts to come into existence in situations where in a reasonable society no contract should be necessary. Typical "shrink-wrap" licenses fall into this category, existing only as a result of the willingness of a nation's legal profession to ignore ethics.

      As a result, many limitations that get put into contracts represent unethical practice of law. As the ethical practice of law is certainly a fundamental human right, this behavior by legal professionals is always contrary to the legitimate authority of the government and legal system. In short, it is illegal.

      In the USA, the right to ethical practice of law can certainly be asserted as arising under the 9th Amendment, as a right "retained by the people". As such, all actions taken by legal professionals -- whether with respect to contract or license or property or other areas of law -- are not just unethical, but illegal when it can reasonably be supposed that the actions involve ethical conflict of interest. Even the appearance of conflict of interest must be avoided when possible.

      The authority of the legal professionals in Congress to write laws is necessarily superseded by the authority of the 9th Amendment, when anything about those laws involves ethical conflict of interest for the legal profession. The authority of judges to create Precedent is also subject to the 9th Amendment, and no precedent that allows legal practice or the continuation of law where a reasonable person can suppose conflict of interest exists (on the part of the legal profession) can be valid.

      In practice, getting the legal profession of the USA to recognize it's ethical responsibilities is extremely hard, and tremendous hard is done as a result. Moving forward, this has to change for the nation to be considered civilized.

      Private entities, such as museums, can not legitimately infringe fundamental rights any more than the government does, merely because they are private. After all, if this was allowed, the government could merely call every spot in the land part of a museum, have a "private" owner, and do anything it wanted to!

      Museums that forbid people from taking pictures are violating fundamental rights. A no-flash rule would be appropriate, however, as the flash can a) damage the artwork or other property, and b) cause problems for other visitors.

    5. Re:no permission needed by Anonymous Coward · · Score: 0

      If it's on private property they can ban photography. This doesn't prevent you from taking it but if you do they have every right to demand you leave. If you don't you're trespassing and can be arrested. They don't need copyright, their building, their entry terms. Thinking about it, they don't even need to have a rule, if they ask you to leave their property you must or you're breaking the law.

      Taking photos from public places on the other hand, yeah, they're talking crap.

  18. Pirates by penguinoid · · Score: 1

    Lots of pirates are too lazy to scan their own books, but how long until every book a library has scanned ends up on the internet? And the more so because people in other countries have more trouble getting to a EU library so this will be the only way they can access the scanned books. And I'm sorry but scanned, searchable, non-DRMed books accessible to everyone are more valuable than the status quo, so once again pirates produce the higher quality goods at a cheaper price and greater convenience. It's long overdue to update our IP laws to the modern world.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  19. acrord32 by tepples · · Score: 1

    Then what does the "acro" in "acrord32" stand for?

  20. DERP by tepples · · Score: 1

    "In" means at an "dedicated electronic reading point" in a publicly accessable library.

    Why does that name sound so derpy?

  21. Yet another Sonny Bono Act by tepples · · Score: 1

    Once the copyrights do expire (and except for rare exceptions like Peter Pan, the will)

    How are you sure that the US Congress and EU Parliament won't copy Mexico's life plus 100 copyright term once copyright in early Pooh and Mickey works is due to expire?

  22. from library standpoint, it's like US "fair use." by swschrad · · Score: 1

    doesn't necessarily meet the US standards for personal owner fair use, where I can have as many damn copies in as many damn formats as I like... as long as I only use one at a time, and never get rid of the original source, which is considered the licensed version.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  23. Legal Deposit by Martin+Spamer · · Score: 1

    Natural extension of Legal Deposit which has existed in English law since 1662.

    It ensure that the UKâ(TM)s published materials are systematically collected and preserved for future generations.

    1. Re:Legal Deposit by redlemming · · Score: 1

      It would nice if this was extended to requiring source code for all software/web pages, and HDL for all hardware/firmware, to be deposited. It is, after all, part of the intellectual record and publishing heritage of the nation.

      I suppose this material wouldn't necessarily have to be released to the public right away, to provide a reasonable period of time of protection for trade secrets.

      Is anything along those lines being pursued?

  24. I would like to get paid to read by xs400 · · Score: 1

    Most authors are trying to bring you around to their point of view. Reading is hard work... I can provide that service for a fee!