In Why
We Miss the First Sale Doctrine in Digital Libraries, John Palfrey, the
president of the Digital Public Library of America’s board of directors, notes
that in the digital world of today, libraries are increasingly losing control
of ownership when it comes to books.
Since the Copyright Act of 1909, the creator of a work could only
control the "first sale" or distribution of a material copy of that work”. This means that once a copy had been sold, “the
copyright owner can no longer stop that copy from being resold, lent, rented,
or otherwise transferred to others”. But
nowadays, when it comes to e-books, libraries are in many cases only able to “rent”
these – and legal and technological controls effect their ability to lend them.
In a recent post
on his blog ("The problem is solutionism"), the technology-culture-business writer Nicholas Carr discusses virtual
reality pioneer Jaron Lanier’s forthcoming book WhoOwns the Future? (you can read about this rather colorful man here). Here, we can see a
convergence between Lanier’s concerns and the concerns of libraries:
“Lanier offers a more searching examination of the Internet’s defects in Who Owns the Future? The Net’s workings, he argues, have been shaped by an ideology that, although well-intentioned, has deformed our commercial and social relationships. By mistaking free information for freedom, the network’s designers and defenders have inadvertently created a system that centralizes power and profit. Companies like Google and Facebook take in billions of dollars by hosting online exchanges, while the people who actually create whatever is being exchanged — words, ideas, works of art — often get nothing. The joy of participation, they’re told, should be compensation enough.
As digital networks come to regulate more of the economy, Lanier sees a perverse dynamic taking hold. Wealth concentrates around those who control the servers and databases, whereas risk spreads outward to the masses. He points to the banking crisis of 2008 as an example. By erasing local market boundaries and controls, computerized financial systems helped funnel riches to a handful of bankers and traders — yet when the system collapsed, it was ordinary citizens who paid the bill."
“Wealth concentrates around those who control the servers
and databases, whereas risk spreads outward to the masses.” What do you think
about this phenomenon that Carr quotes Lanier describing? Is he right?
As regards libraries, how important is it for libraries to focus on
having ownership of materials – and knowing how to “do ownership” well –
instead of simply paying rent for access?
What kinds of risks are we taking on by relinquishing our ownership of
so many materials to privately-held companies?
And on the reverse side of the equation, should librarians be able to freely
loan e-Books, for example, without any concern for “local… boundaries and
controls”?
Is any sort of “middle ground” here possible? Some have hopes that the Digital Public
Library of America which Palfrey represents will be able to establish a “common
good” beachhead of sorts vs a sea of private interests when it launches in 2013
and beyond (read more here).
