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Saturday, October 25, 2003:
Authors Guild skeptical toward Amazon search engine
Had to happen. The Authors Guild--yes, the same group that thinks used books on the Amazon site are unAmerican if they're ballyhooed along with new books--is balking at the idea of Amazon's new search engine. Having perped my share of nonfiction books, I can understand the Guild's concern. Ideally, however, the Guild will be reasonable enough to inspire me to renew my membership. Details at Slashdot. P.S. I also might renew if the AG improved that cruddy logo.
posted by David Rothman at 8:12 PM | permanent link
Rx for Washington's bullying: An NRA-size group for all digital media users
How about a Digital Media Users Association--an in-your-face, take-no-prisoners group in an NRA vein for Internet folks, music and DVD fans, satellite TV buffs, e-book readers and all other digital media users? Such an organization could be a full-powered coalition of the Electronic Frontier Foundation and compatible groups and also enroll millions of people inside and outside the tech industry.
"It would be geared toward the people who use and buy digital media of all kinds," says Jon Noring, originator of the idea. "High-tech hardware companies such as Intel might support the DMUA. So might the American Library Association, the Consumers Union and the American Civil Liberties Union. And maybe even the AARP, since so many older people are now surfing the Net. Fees would be low like the AARP's.
"Needless to say, the DMUA could use the Net to mobilize millions of troops with precisely targeted mailing campaigns based on members' individual interests and priorities. Let this be Jack Valenti's worst nightmare. Ten thousand won't bother him or his successor or the RIAA. But a million or so might do the trick with him and Congress to stop the bullying.
"Perhaps the group's first project would be a 'Digital Media Users Bill of Rights' similar to the IP Justice list--outlining the core values and goals of the organization. But the DMUA could also offer practical consumer-oriented tips, like the AARP, rather than being a pure advocacy group. Perhaps there could be perks for individual members and prospects, such as discounts on e-books, music, and videos--and other benefits, too.
"Let's encourage the beer-bellied guy sitting in his easy chair, watching satellite or cable TV, to join. Help them benefit personally just like AAA or AARP members.
"The group could even spawn international offshoots to work with the main organization. What a way to keep the Eurocrats in check!"
Lest the domain be pre-empted, Jon has just registered dmua.org.
(Illustration via ArtToday.)
posted by David Rothman at 7:16 PM | permanent link
Which Prez candidate to support? A net.copyright list of bug fixes to help you decide
John Dean, Gen. Clark and other Democratic candidates would score points with millions of Netfolks right now just by asking for a repeal or fix of the Sonny Bono Copyright Term Extension Act and the Digital Millennium Copyright Act. Time to debug copyright law by deleting the Hollywood-programmed modules. No bug fixes from wimpish pols? Then no primary votes for 'em.
Below are ideas from my friend Jon Noring who, although a Libertarian, "at least would like to share my thoughts with the Dean people." Candidates would do well to address the character-revealing issues below. For what it counts, I myself am a lifelong liberal Democrat, but I share Jon's 'tude toward copyright. Get it, candidates? On the Net, these issues cut across the ideological spectrum. And now--Jon's words: Along with many others, I would like to see Howard Dean issue a "White Paper," covering his views on intellectual property and digital rights. I want him to take the following pro-consumer, pro-democracy positions:
1) Support the repeal of DMCA, and oppose any legislation and treaties which will strengthen its already draconian terms. Oppose the Free Trade Area of the Americas (FTAA) chapter on Intellectual Property. The FTAA is a Super North American Free Trade Agreement, and the intellectual property chapter is a super DMCA. 2) Support the Principles of IP Justice, protecting an individual's rights in the digital era.
3) Oppose extensions to copyright terms, and support the growth of the Public Domain by legislation such as the Eric Eldred Act, supported by Stanford Law Prof. Lawrence Lessig.
4) Support a Federal law or statement of intent to oppose the recopyrighting of works now in the Public Domain. [Perhaps Jon is the first to suggest this. - David Rothman.]
5) Short of repealing the DMCA, at least support current legislation to roll-back the more onerous provisions of the DMCA, such as the Digital Media Consumers' Rights Act of 2003, introduced by Rep. Rick Boucher (D-VA), Rep. John Doolittle (R-CA), and Rep. Spencer Bachus (R-AL). Rep. Zoe Lofgren (D-CA) also introduced the Digital Choice and Freedom Act of 2002, as well as the Benefit Authors without Limiting Advancement or Net Consumer Expectations or BALANCE Act.
6) Listen to Lawrence Lessig, who is advising the Howard Dean campaign in the "Net Advisory Net" (NAN). While I myself see more hope in Clark than Jon does, all the items would apply to General, too--or at least should. General, isn't it time for your own Net Advisory Net--or maybe something better?
The TeleRead take: Support for a well-stocked national digital library system wouldn't hurt, either--a point with which Jon agrees, especially as an advocate of a Universal Consumer Format for e-books, complete with open standards.
posted by David Rothman at 5:53 PM | permanent link
Does Creative Commons go far enough?
Nick Bentley of Common Rights, an advocate of Distributed Intellectual Property Rights, says no. He writes: Creative Commons is definitely pushing forward in the right direction by allowing authors to offer some of their copyrights to improve the lot of the consumer and they back this up with legal licenses. I even tinkered with the idea of publishing Common Rights under a Creative Commons license before I realized that I should have faith in my own system and use Property Rights Descriptors to protect my work while allowing others to access it.
The Creative Commons license scheme, however, has some shortcomings:
1) Creative Commons allows the author to give away some of their rights but they can’t specify to whom. This makes it difficult to use in a commercial situation where an author might like to give away some of their products for promotional reasons but license others for a reward.
2) There is no record of which product has which license; a third party can change or add a license to a product and hoodwink a fourth party. Creative Commons recognizes this problem and is trying to instigate a "license verification link" where a link in the product refers to the license metadata rather than only including the metadata in the product.
3) Creative Commons relies on the author to maintain the public copy of the license allocated to the product. This poses two problems:
a) The author can fail to maintain the site that holds the license metadata and therefore lose control of the product licensing.
b) The consumer could find himself or herself using a product for which they thought there was a Creative Commons license only to find that the rights holder has failed to support it. This is a critical weakness of the system for the consumer. Comments of all kinds will be welcome on this issue. The TeleBlog itself has been displaying a CC license on the blog home page, but we're open-minded.
posted by David Rothman at 4:30 PM | permanent link
Yanks seek to Hollywoodize Aussie law with longer copyright terms
Jack Valenti's people at the Motion Picture Association of America have joined Aussie copyright interests in efforts to bamboozle Australia into lengthening copyright terms.
With trade negotiations in mind, the black hats have commissioned a report from hired hands in Australia.
Our readers Down Under would do well to warn Parliament of the standard tricks that Hollywood will use to have Australia stretch the terms from life+50 to life+70--and eventually far beyond. Don't fall for all the "harmonization" bilge and the other cons. No need to imitate the States in what Project Gutenberg founder Michael Hart has aptly described as the creation of a "landed gentry of the information age."
Hart's foe Valenti is a copyright zealot keen on eternal terms, and along the way he'd love to see total DMCAism imposed on Australia. TeleRead by contrast believes that a little balance beteen the public's rights and the elite's, whether in the States or elsewhere, could go a long way. Copyright is good. Copyright extremism of the Valenti variety is not.
So check out a new Slashdot item if you care about Project Gutenberg of Australia and other public-domain amenities of the Net.
And read the report from the hired hands at Allen Consulting favoring extension. Notice? It says of Aussie law: "Copyright does not continue indefinitely." Exactly! Yet the practical effort of repeated extensions--the kind Hollywood will promote around the world--will have that exact effect.
The report also says that "to focus on the trade balance as a cost is incorrect; it is a consequence of the law, but not a cost. If we take this approach we miss the point that trade is about mutual gain. For example, such an approach would assume that we need to have a neutral trade balance with respect to rubber thongs, gold, wheat, professional services, and all other traded goods and services. This is clearly ridiculous." But guess what. Here we're talking about a worsening of the status quo. A loss is a loss.
If you want to make the Hollywood interests even richer at Australia's expense, including the lobbyists who bag six-digit salaries, you'll favor copyright extension. While Australia has its own distinguished film industry--I love My Brilliant Career--Aussies will never be able to match Hollywood's resources for the creation and promotion of on-screen blood and gore. In fact, if Aussies want to see more Brilliant Careers, as opposed to homegrown Terminators, they'll fight harder than ever against extension. Do you really think the creators of future MBCs will think, "Gosh, let's check the copyright-term situation before deciding whether we want to go ahead"? In fact, given the inherently lower costs of character-driven films, as opposed to the action- and special-effects-driven variety, movie-goers' aesthetic souls might suffer along with their wallets if the greedsters win in Australia.
Further thoughts: The Allen report is shameless in its fixation on the economic aspects of copyright, as opposed to quality-of-life-and-culture issues, not to mention the political ones. "There's more to life than just economics," as my friend Jon Noring has noted. "Look at Nazi Germany during the '30s. Hitler did a great job of extricating Germany from the Depression. But did that make Germany a good place in which to live?"
For further arguments aginst the Allen report, see Stanford law professor Lawrence Lessig's blog. Among other things, Lessig says that "throughout the report, one is bounced around with arguments that are true for prospective extensions but false for retrospective extensions, and false for prospective extensions, but true for retrospective extensions."
Yes, the greedsters actually want to move some existing public-domain works back into copyrighted status. And at the same time they're talking about incentives for creation of new works? Think of the disruption to, say, film-makers who were counting on the public domain to make possible fresh adapations of supposedly unencumbered novels? This uncertainty, this attack on the very concept of the public domain, is yet another example of the insidiousness of the Allen report and its Valenti-think.
Interesting detail: My Brilliant Career, published in 1901, presumably was in the public domain when it was filmed. Hint, hint, Jack.
posted by David Rothman at 9:24 AM | permanent link
Palm Reader Pro 2.2.9 includes fix for Tungsten T3
From our regular contributor Lynn Dimick:
Palm Digital Media released version 2.2.9 of its Palm Reader Pro on Friday. The new version fixes the reading problem with Tungsten T3s. The program was not originally designed to work with the Virtual Writing Area, and as a result it would not allow you to see the text correctly with the slider closed.
posted by David Rothman at 2:50 AM | permanent link
The Concorde's lesson for e-book publishers
A sometimes-droopy-nosed bird called The Concorde went extinct yesterday, at least in the world of commercial aviation, and that just could be a lesson for certain e-book publishers. No, it isn't as if all e-books are doomed like supersonic jetliners, but the two parallels are screamingly clear.
First, the Concorde's death should remind publishers to be wary of an elitist approach. One-way Concorde trips sold for $6,000 or so. They were the airline equivalent of paying $20 to the giants of the book trade for the bits and bytes of an e-book that you can't even share with friends easily. Yes, the e-book biz is growing, not contracting, but in the long run the purveyors of $20 e-books may not be so fortunate. E-books should be paperbacks, not hardbacks. Perhaps if the giants priced the biggest bestsellers in e-format for a mass audience, the e-book industry would enjoy an annual revenue far, far larger than the current $10 million or so a year.
As Lesson Two, publishers should also be careful of unduly expensive technology. Concorde had its share, including, perhaps, that famously adjustable nose. To the end the Concorde required lots and lots of care, not that different from Microsoft-style Digital Rights Management and related forms of waste that beset e-books today. We don't need droopy-nosed e-books, but rather a low-cost nonproprietary approach to formats and DRM.
Last night the TV newscasts showed VIP passengers wallowing in airborne luxury, and I couldn't help but imagine Concorde flights of yore. In my mind's eye, I can see a diamond-necklaced Hollywood star leaning back in her Concorde seat and returning to an overpriced novel on her $800 color Gemstar.
posted by David Rothman at 1:34 AM | permanent link
Friday, October 24, 2003:
1984-proofing the future--with required hardware-override capabilities
Here's a modest proposal for us here in the States. Let's pass a law saying that only X percentage of people on Capitol Hill and in the White House can be cash-hungry, technophobic JDs with advanced cases of megalomania. What's more, a certain number of politicians must be genuine techies familiar with the hardware and software that Luddite lawyers are trying to regulate.
Alas, with exceedingly well-bought law school grads setting the tone in Washington, I see a, er, little Catch-22 here. But one can dream, no?
Meanwhile, in the wake of British engineer Nicholas Bentley's thoughts on distributed intellectual property rights, I'm pleased to present a second engineer's ideas on avoiding the Orwellian scenario of the kind that worries Autodesk founder John Walker. The avoidance recs are of a different kind, but the spirit is the same.
* * *
I am convinced of the inevitability of a future predicted by Walker and similar writers. Further, I think that many people, even those who should know better, will be convinced that the benefits--as described by Walker--outweigh the more nebulous costs.
I am tending more to agree with the idea that DRM is part of the thinner edge of a wedge--and that as the technology becomes more prevalent we'll see a number of irritating usages that are impossible to avoid. The same programs/modules that implement DRM will be responsible for the display of full screen, interactive advertisements with no way to disable them. A DRM module may also perform invasive tracking of purchase information.
Perhaps the only hope is for a legal mandate, and perhaps, based on your writing skills, you can manage to find some way to get it propagated. Here is the proposed mandate. Any form of "Trusted" system must include a hardware override (only accessible from the console/remote/etc of the device, not through software). If the override is pressed, the system must become wide open with no software-detectable trace.
This is similar in effect to a proposal from the EFF, although they are only asking vendors to provide this capability. Vendors will never provide anything that they don't have to, to satisfy large customers or the law.
I should note that I speak for myself, not the unnamed American company that employs me.
* * *
The TeleRead take: You can read EFF's Trusted Computing report yourself. It would appear that, just as my correspondent says, the document does not include a call for legislation to require an override. Am I missing a reference elsewhere on the EFF site? If not, perhaps EFF needs to advocate such a law, as opposed to a mere request to vendors. Meanwhile see a related CNET story.
posted by David Rothman at 3:30 AM | permanent link
Free e-books from prestigious U.S. publisher
Anyone can enjoy more than 2,500 books for free--on topics ranging from physics to urban development--from the prestigious National Academies Press in the U.S. What's more, people in underdeveloped countries can apparently read still more titles without paying. This is no TeleRead in the number and breadth of its offerings despite the already-wide variety of topics covered, but it's a still a splendid inspiration for policymakers in the States and elsewhere. Just please keep in mind that the business model might have to change as e-book technology improves and digital books are no longer so effective as promoters of the paper variety. Oh, and if you enjoy sci-fi, don't forget the Baen Free Library, either. Meanwhile here's some useful info about NAP books from Red Beard, a European expat in Brazil who lately has been a frequent correspondent.
* * *
Your Nicholas Bentley piece led me from Bentley's writing to the National Academies Press website and a nice surprise--over 600 NAP books free in PDF format for visitors from developing countries. I quote: Access to Electronic Resources at the National Academies PDF files are available free to developing countries It is the policy of the National Academies Press to offer free PDFs of many of our books to readers who visit our site from countries in the developing world. We have more than 600 books available for free PDF dowload, and invite you to browse our list for more titles that may interest you. Underneath the notice about the free books for developing countries, you'll find an easy-to-complete form for the eligible.
I'd refer to this enlightened policy implemented by some of the best U.S. brains in academia, the federal government, and industry at The National Academies when trying to convince others about less restrictive distribution than we now must live with. Yes, it's nice to discover there are those who can see straight.
posted by David Rothman at 2:12 AM | permanent link
OeBF's Nick Bogaty will be on E-Bookworm
Nick Bogaty, exec director of the Open eBook Forum, known to TeleBlog readers as the Proprietary Format Promoters' Forum, will be interviewed Nov. 20 from 3-4 p.m. CST on an E-Bookworm audio netcast. We like Nick despite our disagreement with the OeBF's policies and hope he can provide some specifics that OeBF prez Steve Potash didn't--on the touchy matter of a universal consumer format. Congrats to E-Bookworm and moderator Tom Peters on inviting such timely and relevant guests. (Via the Handheld Librarian.)
Memo to Nick: Hey, here's one more quote on the need for a UCF-style solution--wisdom from Robin Raskin, a veteran editor who once ran Family PC: "Bogaty's going to have his hands full as the group implements the interoperability standards and specifications the e-book industry desparately needs. Just like you can read a book anywhere, consumers will want e-books that run on any reader they feel like using and they'll want their e-books to exhibit some e-characteristics." She wrote that in May 2002, not that long after you'd signed on as exec director. And no UCF even now? Not your fault, of course, Nick. That's for others to decide. As I see it, the OeBF under Steve Potash's leadership is just giving Microsoft, Adobe, PalmDigitalMedia and the other proprietary format folks their money's worth by not acting on a UCF. Libraries, smibraries, who cares? The profits of Microsoft and the rest count more than a cost-effective format for libraries, consumers and book publishers, right?
posted by David Rothman at 12:16 AM | permanent link
Thursday, October 23, 2003:
CNBC: Billy Tauzin is the next Jack Valenti
The next Jack Valenti, the next pol-acquirer to head the Motion Picuture Association of America, is supposed to be a piece of merchandise named Billy Tauzin. So says CNBC in more polite language. The Hill News is not so sure.
If the cable network is right, the good news is that the Louisiana Congress member is now a Republican. Maybe that'll eventually make it just a tad easier for Dems (hint, hint, Wesley Clark) to stand up for American consumers against DMCAish mischief. From CNBC's Capital Report: House Energy and Commerce Committee Chairman Billy Tauzin has had his taste of power. As a Louisiana Democrat-turned-Republican, he catapulted to the head of what is arguably the most powerful committee in Congress, and then used that perch to beat up on corporate miscreants.
Now he’s ready for a taste of money. Our Eamon Javers reports that he’s on the verge of a deal to leave Congress at the end of this session and become top lobbyist for the movie industry--replacing the legendary Jack Valenti, and pulling down a paycheck of between $1 million and $2 million a year. The job--chief executive of the Motion Picture Association of America--is thought to be one of the most glamorous on K Street, in part because its holder is able to play host to Hollywood stars and offer exclusive movie previews at an in-house studio to the city’s powerful. The TeleRead take: Tauzin's market value to Hollywood has varied from year to year, but stats from OpenSecret.org show that for the 1999-2000 cycle, he received $73,776 in campaign donations from "TV/Movies/Music"--leading the Top Industries, including even Oil and Gas, a far more important collection of special interest pleaders down in Louisiana. Wonder how much "beating up" he did on Hollywood-style miscreants.
My hunch: CNBC is right. It reports that Tauzin spent a fortune on real estate he could never afford on his Congressional salary alone, and he did it with a balloon loan whose payment schedule would neatly jibe with the time the MPAA money reached him.
Naive question: So if Tauzin is indeed about to become MPAA chief, does this mean he won't vote on copyright-related matters, including the DMCA-spreading FTAA?
Meanwhile back in the world of the present Jack Valenti: In the best tradition of the DMCAism, the ideologues at the MPAA have begun a campaign to brainwash schoolkids.
posted by David Rothman at 8:38 PM | permanent link
'Censors, Adobe and Microsoft deserve each other' department
After having passed on a Big Brotherish scenario, I've got a fun story to share with you--just to show that BB can sometimes mess up. BB in this case is an agency dear to every last TeleReader (maybe more than an expression if those people ever shut us down). It's the U.S. Justice Department.
The department, as related by SecurityFocus News, grudgingly released a 186-page report on workplace diversity--a disclosure required by the Freedom of Informaton Act. The bureaucrats did an electronic blackout of embarrassing sections. But: The text didn't stay concealed for long. On Tuesday a website called the Memory Hole, dedicated to preserving endangered documents, published a complete version of the report, with the opaque black rectangles that once covered half of it completely removed. Memory Hole publisher Russ Kick won't say how he unmasked it, but experimentation shows that the concealed text could be selected and copied using nothing more than Adobe's free Acrobat Reader. Once copied, the text is easily pasted into another document and read.
It turns out the report began its life as a Microsoft Word document, and whoever was in charge of sanitizing it for public release did so by using Word's highlight tool, with the highlight color set to black, according to an analysis by Tim Sullivan, CEO of activePDF, a maker of server-side PDF tools. The simple and convenient technique would have been perfectly effective had the end product been a printed document, but it was all but useless for an electronic one. "Using Acrobat, I'm actually able to move the black boxes around," says Sullivan. "The text is still there." Nice. Great to think that BB can still be the Keystone Cops. Security Focus News says:Denuded of its censorious kludgework, the report--produced last year by KPMG--reveals much about the Justice Department's gender and ethnic diversity issues. But, significantly, it also shows that the department is overly aggressive in cutting documents for public release, according to the Federation of American Scientists (FAS). On Wednesday FAS wrote a letter to the Justice Department's Office of the Inspector General--the DoJ's internal investigators--urging a full investigation into officials' "unauthorized withholding of information." In case you're curious, no, as SecurityFocus shows, this is hardly the first time that the snafus of this kind have happened.
Super DMCA thuggery department: Remember, under the proposed Super DMCA for the whole Western Hemisphere, Justice bureaucrats could prosecute you criminally with or without a complaint from a copyright holder. Adobe could say for public consumption, "Hey, ain't no way we'd have made trouble for programmer X," while behind scenes the corpocrats could tell Justice: "Get 'em, get 'em!" Same idea could allow easier harassment of political foes accused of going beyond Fair Usage. This is the long-dreamed-of harmonization of national legal systems. Now, every country in the Western Hemisphere can match the spirit of Cuba's. Sure you don't wanna sign that petition against the FTAA?
Additional thoughts, experienced between heel clicks: Psst! We're actually quite law-abiding. In fact, we're looking forward to Justice's trustbusters finishing the job someday on Microsoft.
posted by David Rothman at 6:42 PM | permanent link
Has Amazon beaten public libraries to the punch--with the new digital archive?
"Over the past spring and summer, the company created an unrivaled digital archive of more than 120,000 books. The goal is to quickly add most of Amazon's multimillion-title catalog. The entire collection, which went live Oct. 23, is searchable, and every page is viewable." - Wired's December issue.
The TeleRead take: Years ago, we suggested that a national digital library system might want to contract out the archives to the private sector--if proper preservation measures were in place. And a contracting out might well happen. The library side very possibly won't be able to offer equivalent archives, based on the current budget situation. Then again, one wonders if the Amazon collection is using open standards and a nonproprietary approach, ideally XML-based--which is what a real library ought to do. If I were Amazon, I would lobby hard for a universal consumer format based on the standards that Microsoft promised in announcing the Open eBook Forum. Needless to say, I'll be very grouchy if Amazon tries to push a dreckish proprietary standard on the world's library systems.
Meanwhile, in the same Wired article, I read with interest that Brewster Kahle of Archive.org "is happy to sidestep the problem of digitizing commercially successful books. He has no wish to antagonize the publishing industry. What he hates is that the Million Book Project cannot legally digitize countless books that aren't generating money for anybody. US libraries hold about 30 million unique volumes. No one knows how many of those books continue to be protected by copyright or are available from commercial publishers. Still, Kahle says, 'they can't be digitized because the copyrights can't be cleared, and the copyrights can't be cleared because it's too much work to identify the copyright holders. Some people call them abandonware. I call them orphans.'"
Time for copyright reform and TeleRead--complete with Project Gramophone-style goodies?
But back to the news story of the day. If I were netLibrary or the like, I'd be scared--very scared--given the vast resources of Amazon.
(Found via eBookAd.)
posted by David Rothman at 2:20 PM | permanent link
Bambookzled
What's this malarkey in The Write News about e-book-publishing being "a major force in the worlds of media and technology"? Huh? With all of $10 million in annual revenue--a speck of a speck of total book-biz sales? Jeeze, post dotcom-bust, doesn't anyone learn?
Sure enough, the piece quotes the Proprietary Format Promoters' Forum. Hmm. Need to check my files. Is this just a repro of an old PR release from the Forum?
Yes, the e-book biz is growing, fast, but the commercial side is shadow of what it could have been with a true universal consumer format, less onerous copy-protection and other displays of commonsense.
Stupid articles like Wrong News's just aggravate the industry's problems by encouraging smugness and deceit among the major players.
Update, 9:16 a.m.: Had to take Carly to work, but I'm back and have now Googled the Proproprietary Format Promoters' Forum site. Yes! Wrong News ("News, features and resources for media and publishing professionals") has more or less just condensed the old PR release--apparently without warning its readers. The two leads are almost identical. Wonder if the PFPF paid for the plug. Yoo-hoo, Caitlyn Rhodes? Care to write up your client or employer in your Media Cynic column?
posted by David Rothman at 8:34 AM | permanent link
Wesley Clark vs. the digital dark ages? A reading list for the General and his supporters
A friend has just sent a Howard Dean activist a link to TeleRead's writings on Wesley Clark and Internet copyright issues. The hope is that Dean's competitive juices will start flowing. Either Gov. Blogger stops wimping out on Internet copyright or Netfolks just might shift their sympathy to General Clark in a major way. The General is an unknown on these pesky questions, whereas Dean so far is a pusillanimous known despite his reliance on the Internet as a source of money and supporters.
Below, for the General and his strategists, I'll supply a list of links to encourage them to take a stand and show the character that Dean has lacked up to now:
1. The Digital Imprimatur: How Big Brother and Big Media Could Put the Internet Genie Back in the Bottle, by John Walker, founder of Autodesk, Inc., and coauthor of AutoCAD.
2. Digital Millennium Dark Ages, by Robin D. Gross, formerly an intellectual property attorney for the Electronic Frontier Foundation and now executive director of IP Justice. Read why the Digital Millennium Copyright Act actually will weaken computer security, not to mention the First Amendment. This isn't mere legislation. Valuing corporate control over most everything, even profits in some cases, it is in fact an ideology, DMCAism. The DMCA will actually hurt small business people, not just consumers and political activists. What's more, the consumer-hostile protection technology that it encourages is a major reason why the whole e-book industry will sell just $10 million or so in wares this year--a mere fraction of Tom Clancy's annual income. Main beneficiaries of the DMCA will be Disneyeque conglomerates, overpaid corporate lawyers and power-crazed bureaucrats.
3. Free Speech at Risk, DMCA analysis in plain English by PC Magazine columnist John C. Dvorak. He writes: "See if your Congressional representative voted for this onerous law and fight to have him or her removed from office with all your might! Seriously. Why are we putting up with these idiots?" Get it, General? Get it, Clark supporters? This is just a preview of the anger that ordinary voters will feel as DMCA-citing thugs threaten them with arrest. Remember, 60 million Americans are swapping files. We've already seen the recording studios sue a 12 year-old honor student living in a public housing project. While we need to protect intellectual property online, it should be done through good encryption technology and incentives not to pirate--for example, a well-stocked national digital library system, especially in the case of e-books. The studios had PR problems enough with a music-loving child; what if she had been arrested for having an illegal book collection? What better illustration of the desirability of the library system, which could start small and actually save schools money through more efficient distribution of content?
4. IP Justice White Paper on the Draft Intellectual Property Rights Chapter in the Free Trade Area of the Americas (FTAA) Treaty--the Super DMCA for the whole bloody Western Hemisphere. This is a Bush production, just as the DMCA was hatched by the Clinton White House. Can the General show a little independence, please? And not just from the usual K Street-bought Washingtonthink on Capitol Hill and at the White House. Also from mediathink. Whether out of cowardice or for selfish reasons, Robin Gross's warnings have been virtually ignored by the so-called mainstream media--actually, the elitestream media.
5. The Eric Eldred Act, Stanford law professor Lawrence Lessig's remedy for the notorious Sonny Bono Copyright Term Extension Act, a copyright grab that will jack up the costs of books and other content in the future for schools and libraries and threaten our cultural heritage. Republican conservative Steve Forbes, hardly a Molotov cocktail thrower, has written: "Only about 2% of copyrighted work between 1923 and 1942 continues to be exploited commercially. Stanford Law School professor Lawrence Lessig has proposed a sensible compromise. Borrowing a page from patent law, wherein holders have to pay a fee every few years to keep their patents current, Lessig would apply that principle to copyrights: After a certain number of years, copyright holders would have to pay a nominal amount of money to maintain protection. If the holder didn't pay the charge for, say, three years, the work would go into the public domain." If Clark won't call for Bono's repeal, will he at least support the Eldred Act--making a fool out of Dean, who has failed to do so despite his guest appearance in Lessig's blog?
6. Copyright and K-12: Who Pays in the Network Era?, my paper commissioned by the Clinton-era Department of Education. I warn how the famous "savage inequalities" will go online, based on disparities in the wealth of school and library districts. My own partial solution would be the well-stocked national digital library system discussed earlier. For some helpful context here, check out a clueful library-oriented article in the Carnegie Reporter as well as my response to it. The article describes TeleRead as "one of the most intriguing alternatives" to present legal and business models. Providing for fair compensation for copyright holders, TeleRead is actually pro-property rights.
posted by David Rothman at 7:10 AM | permanent link
Nicholas Bentley on distributed intellectual property rights
TeleRead tells how to spread the e-books around using the library model. But once people have the material, what can they do with it? We've long advocated a liberal interpretation of fair use, so that, for example, families and close friends could share e-books in the same way they do paper books. Too, writers should be able to quote at length from each other without fear of being sued, especially by political or commercial rivals.
Now, from Nicholas Bentley, a British citizen living in Provence in southern France, comes additional thoughts in the fair use realm, via his Common Rights site advocating "distributed intellectual property rights." I urge you to take a look at both CR and Creative Commons, which, in its own way, explores this territory even if its perspective differs from Bentley's. Like me, Bentley is a creator but not a lawyer. Whether in the States, the U.K. or France, one shudders at the prospect of the intellectual property debate being left to those with a vested interest in expensive complexity.
* * *
I have been reading your columns for a few months now and thank you for consolidating all the news on e-books. You also published my wife's (Margot Milner) comments on her experience with Pocket PC readers a few weeks ago.
My special interest is in the DRM issues because I have been working on the problems of intellectual property in digital from. I have put forward a proposal for a collective rights regime and a Distributed Intellectual Property Rights (DIPR) system for regulating IP in the future.
The DIPR system moves away from managing copies, with all the inherent problems of copyright when digital content is so easily copied, to a rights-based system for regulation and identifying intangible intellectual creations.
Most DRM systems today focus on the copyrights of the author--whereas the 'collective rights' regime grants rights to both authors and consumers
This change of emphasis could have a dramatic effect on how we share and trade intellectual property.
posted by David Rothman at 6:01 AM | permanent link
Wednesday, October 22, 2003:
Petition drive to keep DMCAism out of trade treaty
IP Justice has started a petition drive to keep DMCAism from infesting the whole Western Hemisphere via a Hollywood-influenced trade agreement, the FTAA.
Sign up--no matter where you live in the Western Hemisphere--especially if you're an e-book publisher. Jack-booted measures like the present DMCA in the U.S. encourage software companies to create third-rate protection technology and ignore consumer convenience.
The end result? People feel as if they don't truly own e-books. They can't share them easily with friends. Sales suffer. The DMCA is one of the reasons why e-book sales this year will be a mere $10 million or so.
Outrageously the terms of the proposed Super DMCA are said to be even worse than those of the current one here in the States, particularly in regard to file-sharing. Even without RIAA complaints, thuggish bureaucrats can file criminal charges against you. There is also prejudice in the FTAA proposal against free software and open source development.
Wonder how much our friends at the RIAA and like-minded outfits spent on campaign donations and lobbying to get this beaut written. Please--read the specifics.
* * *
Incidentally the Super DMCA isn't the only item on the RIAA's international agenda. Copyrights on the first recordings of Elvis Presley will be expiring in a couple of years in Canada, the U.K. and at least several other countries--those with the 50-year rule for sound recordings. Similarly, the Beatles' early copyrights will expire in the next decade or so. You can bet that the RIAA will use the FTAA as an excuse to seek to "harmonize" the U.K. and the rest of Europe and the world with much longer terms that the trade agreement calls for--95 years for sound recordings from the date of release.
Will we really encourage the arts that much by extending copyright terms to pay out more millions to Elvis's hardly cash-strapped heirs--or even the remaining members of the Fab Four? If the RIAA really cares about typical musicians and creative incentives, then maybe it's time for legislation restricting how much of a bite the studios can take out of the revenue the artists bring in.
posted by David Rothman at 11:30 AM | permanent link
John Dvorak: Toss the DMCA villains out of Congress
PC Magazine columnist John Dvorak correctly brands the DMCA as a threat to free speech. In fact, in a column this month, he asks readers to throw the villains--the solons responsible for the law--out of Congress: See if your Congressional representative voted for this onerous law and fight to have him or her removed from office with all your might! Seriously. Why are we putting up with these idiots? The DMCA whizzed through the Senate without opposition and was passed by a voice vote in the House and signed by then-President William Clinton. Alas, I'm not sure if the vote-out strategy will work, given the virtually complete success of Hollywood's buyout on Capitol Hill via massive campaign donations mixed with aggressive lobbying. But I'd encourage people to press Presidential candidates for a response on DMCA and Bono rather than letting them do Dean-style wimp-outs.
posted by David Rothman at 10:06 AM | permanent link
OverDrive CEO ducks question on DRM costs
OverDrive CEO Steve Potash, sure enough, ducked the question of DRM costs when moderator Tom Peters broached the issue during an E-Bookworm interview last week. No dollar figures or percentages given, just a pro-DRM sales pitch ("a liberating technology" to placate piracy-worried publishers). The question couldn't have been clearer: "What does it cost to add DRM to a chunk of content, a novel or something like that?"
Similarly Potash gave a wordy PR pitch about the glories of the Open eBook Forum--of which he's president--rather than genuinely answering a question about the possibility of a standard consumer format. About the closest thing to a responsive excuse was that OeBF is still a new organization. Huh? Five years after Microsoft promised that OeBF would create such a format?
On another topic, Potash at least admitted the accessibility problems that DRM created for library users with special needs.
You can hear the interview in full. Lori Bell, who helped organize the E-Bookworm program, says: "All you need is an Internet connection, sound card and speakers. When you first go into ivocalize, it will ask you to download a small applet and will automatically download on your machine."
posted by David Rothman at 9:47 AM | permanent link
Adobe's 3D authoring tool
Abobe is near the top of our "sucks" lists--for its reader-hostile, proprietary e-book format. Still, give the devils their due. I like the idea of 3D books for kids. As described by Adobe: Publishers can create interactive Adobe PDF eBooks, where children can dive into the illustrations, entering a world where they can interact with the characters and explore the landscape. Repair and assembly manual designers can also bring a truly new dimension to how directions, diagrams and information can be conveyed to the user. Attention, haters of proprietary formats! Let's start thinking ahead to a nonproprietary version of the above.
posted by David Rothman at 3:42 AM | permanent link
Dyslexia and e-book fonts: A father (and printing expert) speaks out
Earlier I suggested standards to optimize e-book fonts on machines used by dyslexics, and I held out Read Regular as an example. Bad idea, replied Brian Witt who has 12 years in the printing business--and a dyslexic wife and son. Below he expands on some earlier observations. Thanks, Brian! You've won me over. I also appreciated your related words, at the end of your font essay, on the usefulness of a universal consumer format for e-books. The essay also includes a recommendation of The Gift of Dyslexia. - David Rothman
What must first be understood is that dyslexia is a catch-all term for conditions whose exact nature elude us. Mental Retardation and Autism were once part of "dyslexia." This means that once we discover the true nature of these conditions, the pool of dyslexics shrinks. What is currently left falls into many different categories.
My wife and son have what is reffered to as "picture thinking." In this type of dyslexia, the mind forms pcitures for words. A dog for instance. Later in school they are intoduced to the word "DOG" and told what it means. The child can then make the connection between the letters D-O-G and their picture of a dog. When they encounter the word "GOD" while reading, a word they do not have a picture for, only then does the mind start to move letters around until the word "DOG" is formed and read. Most dyslexics of this type will not have a problem reading "elephant" (because they have a picture of one), but will have problems reading words like "this, of, for, to, and" (because they have no tangible picture for these words).
Don't get me wrong, typeface can be a huge influence on how easy/difficult words are to read. Typeface needs to be non-distracting, and I've done tests with my wife and son to determine things that do and don't improve reading for them--but these techniques are specific to my wife and son (and I've found differences even between them) and may not be what another dyslexic needs. In my wife's and son's cases, Read Regular will probably be of some help. But type selection is only about 10 percent of the equation. My wife and son need a form of therapy to train their minds to recognize and picture the "trigger words" I mentioned earlier (this, of, for, to, and). My wife, after 30 years of difficulty in reading, is finally reading for pleasure--outreading me as of late--and I couldn't be happier.
My fear is that by this company releasing "Read Regular," many--most notably in our educational systems--will see this a "solution" to the problem. This will only frustrate dyslexics more as the root cause of their condition is not being addressed and this "quick fix" will only do so much.
Personally, I see wide adoption of Read Regular doing more damage than good simply because of this lack of understanding. For a good book regarding picture thinkers, refer to The Gift of Dyslexia.
* * *
Here's an additional thought to what I sent you earlier.
I don't disagree that for a dyslexic, the font can be important. In learning to read (using the DOG example), a severely dyslexic person (it's not an on/off thing, but more of degrees) can need to relearn the word for different font styles (serif, sans serif, vastly different typestyles such as Cooper and Garamond, Helvetica and Gill Sans). For this type of person, standardizing his reading to one font (Read Regular or anything else) can help him learn by not requiring him to relearn words just because they're in a different face. But turning this individual out of the schools where Read Regular isn't going to be used is like turning loose a "dyslexic time bomb."
E-books, in a standard consumer format, would be of great help to this individual. Once out of school, he can then choose to read his local newspaper, national news, workplace documents, and everything else in the font he leaned to read in school. This seems a perfect application for the standard consumer format e-book. I'm still quite skeptical on the dyslexic font as I'm sure this is going to be an attempt by educators to brush their failure to properly deal with dyslexia under the rug.
posted by David Rothman at 2:35 AM | permanent link
Tuesday, October 21, 2003:
Independent Clark blog denounces Bono copyright grab
Copyright issues do matter to Independents for Clark. Thanks for today's new TeleRead link! While I zeroed in on the DMCA and Bill Clinton's role in it, I was pleased to see IFC vent against the Sonny Bono Copyright Extension Term Act named after the late Republican congress member. It will keep many a classic--ranging from various Gershwin compositions to The Great Gatsby--from going on the Net for free for a long time. Not the best news for our cash-strapped schools and libraries which wanted to use the public domain to stretch local tax dollars.
Memo to Clark blogger John Hlinko: Your guy should follow the lead of IFC and make an issue out of the Bono Act. As IFC says, "That was clearly insider special interest [advocacy] just like the changes to media ownership rules that FCC Chair Michael Powell tried to push through." Enlighten all those PTA moms! Check out TeleRead's earlier post on Net copyright issues as a way to help beat Howard Dean. This would be one way for Wesley Clark to live up to his reputation as an independent thinker, rather than being perceived as just Clinton II. Why not test the waters with an anti-Bono item in Generally Speaking: The Official Clark '04 Blog? See how the troops feel. Congress either should repeal the Bono act, if that's legally practical, or pass the Eric Eldred Act, a mitigating measure proposed by Larry Lessig, the very same law professor who made Howard Dean a guest blogger. If Clark shows some guts and advocates corrective action, he'll masterfully reveal Dean to have acted like a net.phony.
And for Dean supporters: I'd love to see some upside surprises from Governor Dean on the copyright issue. I know many of you are extremely clueful. It's your candidate who's the problem. Why does he keep wimping out on Bono, DMCA and the rest after having used the Net for months to reel in supporters and money? I won't buy the excuse that, oh, yes, we'll wait until after the election to see if Dean cares about net.copyright. I want to see some integrity now.
Finally a word to Bush supporters: An Internet-friendly copyright policy from the White House would certainly be in line with the sentiments of Glenn Reynolds, the conservative law professor who has wisely written: "Democrats are left with a choice: side with fatcats, and against consumers and popular artists, or turn on a constituency that has been a major source of campaign funds." I myself think Reynolds is on the button with his depiction of the issues and the potential risks to the Dems. But if Clark and his people are smart, they'll actually condemn Washington's bipartisan copyright giveaways to show the public that their guy isn't just a Generalized Clinton, that Wes Clark won't sell out to Hollywood. And, hey, remember: votes in the end count more than money.
posted by David Rothman at 7:21 PM | permanent link
D-Lib writer: Copyright and the Web are oil and water
"Copyright and the Web have mixed as amicably as oil and water. The ease with which authors can put their works online and share knowledge far and wide clashes severely with the rights asserted by publishers." - Geneva Henry, Rice University, writing in the October D-Lib Magazine.
The TeleRead take: True, true, true--with some qualification. Publishers who can't add value will be Webkill. The good ones can through appreciate selection, editing and promotion of material. Such ideas will apply regardless of the content involved--whether author-paid, publisher-paid, directly reader-paid or otherwise. But even the highest value won't work for publishers that insist on maintaining absolute control. Even the dream scenarios of the DMCAists won't save the day in the end. If DMCAism becomes too obnoxious on the Net, the voters may well revolt once they catch on.
(Found via eBookAd. There you go--value added through selection!)
posted by David Rothman at 2:33 PM | permanent link
'Microwave Ebooks'
What would life be without microwave ovens? The traditionalists still hate 'em; but without them, people would spend more time sweating in hot kitchens. Similarly e-books mean more time reading and less time looking for the right titles--beyond other advantages such as the potential of well-stocked national digital libraries for bridging the information gap. I'm pleased, therefore, to see Dorothea Salo's latest salvo against the Luddites: Microwave Ebooks (yes, the metaphor is hers). You also might want to check out her prior e-book postings, by the way, complete with PDF-related rants.
A related Carlyism: The first microwave for use in the home cost $1,200 in 1955 from Tappan, according to a Woman's World article bought to my attention by my wife. Came out the month Carly was born (disclosure permission graciously granted). Now I see $35 specials. A little clue for the Luds who think e-book prices won't decline?
As it is, my REB 1100 e-book reader cost $70 used on eBay--or just twice as much those $35 microwave ovens that I saw in the Sunday paper. My wife's REB 1100 cost just $100 used, and soon new machines will go for that little. Too bad major publishers are still gouging the public with $20 e-books. That's a fifth of the price of the new readers on the way!
Beyond price: Of course, price is just one of the ways in which e-books will improve. We're talking about progress in areas ranging from battery life to sharper screens and possible equivalents such as flexible plastic sheets.
Wrong issue: Confronted with "Computers will never replace the printed book," Dorothea correctly says: "Oh, come on, people, who said they were trying to? (Other than print journos looking for a catchy headline and snake-oil salesmen trying for another sale.) Honestly, the level of hostility toward print imputed to me as an e-text enthusiast by this sentiment verges on the personally offensive. Really it does." Yes! While I suspect that e-books will be the main show two decades from now, it isn't as if printed books are going to vanish instantly and forever--no more than horses or vacuum tube radios. Meanwhile enjoy books in all forms!
(Picture via ArtToday.)
posted by David Rothman at 11:13 AM | permanent link
General Clark, here's how to outNet Governor Blogger for real
Update: An independent Clark blog has responded to with a much-appreciated condemnation of the Sonny Bono Copyright Term Extension Act. Our thanks!
Governor Blogger, aka Howard Dean, doesn't understand the Net except as a fund-raising tool, but maybe Wesley Clark will, given his intellect and independent bent--well documented in the Washington Post. In fact, a Web log called Independents for Clark has at least taken noncommittal note of our warning against the imposition of DMCAism on the rest of the Western Hemisphere. Time for Clark himself to speak out against a Hollywood-oriented Net policy?
The Net as a way to catch up with Dean: In today's New York Post, Dick Morris, the former Clinton advisor who ended up veering sharply to the right, describes Clark's Net situation this way: Dean has deeply penetrated the early primary and caucus states with his Internet-era campaign. He can name his supporters in each state, a particularly valuable asset when it comes to a caucus contest as in Iowa. His Internet candidacy is as packed with cyber-roots (formerly grassroots) supporters as Clark's is devoid of real backing.
Dean will probably win in Iowa, and knock out Rep. Dick Gephardt of neighboring Missouri in the process. The momentum from Iowa will swamp Kerry in New Hampshire and the surge from the first two victories will eviscerate Sen. John Edwards in his next-door South Carolina.
The impact of this trifecta of upsets cannot be offset by Clark's national base of amorphous popularity. By the time Wesley Clark shows up to the dance, it will be over.
Even with massive financial support, one cannot simply begin to run for president in the California and New York primaries in early March. Dean's financial and political momentum will be too forceful and massive for Clark to pull it off. The hill is too steep, the slope too sharp, and the king of the hill (Dean after the early victories) is too deeply entrenched for Clark's strategy to succeed.
Indeed, Clark's failure to grasp the political reality of the Internet recalls Hubert Humphrey's failure to adjust to the primary process when it was first established in most states in 1972. Yo, General? There's no mystery as to one helpful way to catch up with Howard Dean in cyberspace, beyond stepping up fund-raising efforts there. Protect the Net for real. Join Representative Rick Boucher immediately in calling for the repair of the damage from the DMCA. Use that much-touted intellect and look beyond your standard advisors even if some of them may be clueful (I don't know the cast). Talk directly to the Electronic Frontier Foundation and IP Justice. Interestingly, while your Web people may lack the resources of Dean in cyberspace, I think the official Clark 04 Web site will work well if you can rev up a true grassroots network. Too many of your "grassroots" links go to static, canned Web sites rather than heartfelt blogs with detailed mentions of real-life Clark activities around the nation. It's just a question of expanding the effort and coming up with genuine Net-friendly policies--the consequence of which would be fired-up local supporters.
Reminder: I myself am a Democrat, but TeleRead itself is nonpartisan, with advocates across the political spectrum, and, in fact, none other than William Buckley, Jr., has written in favor of the concept of a well-stocked national digital library with proper compensation for copyright holders--one way to help protect intellectual property rights without DMCAish repression. The Democrats, alas, created the legal framework for the DMCA; Bill Clinton signed this bipartisan outrage. One hopes that, just as in the case of the Jim Crowism that once afflicted so many public officials, Clinton and other politicians will recant. I'll fight hard, but I'm a great believer in redemption. Will Bill Clinton value kids and other Net users--criminals in the eyes of so many DMCAists--over the prospects of becoming the next Jack Valenti? And will he be wise enough to advise Wesley Clark to look beyond Hollywood cash and go where the actual votes are? Rich entertainment-industry contributors within the Democratic Party won't be happy if that happens, but, as with Gov. Dean, they'll eventually follow the poll results.
posted by David Rothman at 9:54 AM | permanent link
E-book fonts for people with learning disorders: Time for national standards?
Update: A reader with a dyslexic wife and son--and 12 years' experience in the print industry--says the Read Regular people are full of it. The special type, Brian Witt says, would be useless. I'll reproduce his note in full at the end of this item and invite more detailed comments from him and others. Speak up, especially if you have relevant credentials or personal experience! - David Rothman
We've long known that e-books can be customized for people with learning disorders such as dyslexia. Now a new typeface called Read Regular may help the cause in e-books and other areas. Notice the image above? The small b is distinctly different from the d even when turned around--making it easier for kids with dyslexia to distinguish the two. Problems with mirrored letters are hardly the only challenges here, but you can still imagine the benefits. According to the related Web site: There has been growing innovation to combat dyslexia, especially for children, in the form of computer software. However, relatively little design research has been done in the area of typography and type design that might support dyslexics. Read Regular is a typeface designed specifically to help people with dyslexia read and write more effectively.
Read Regular aims at preventing a neglect of dyslexia, creating a more confident feeling regarding the problems that occur with dyslexia. The TeleRead take: Here in the States, we seem headed toward a National File Format for schools, or maybe eventually a close cousin at the consumer level, based on the production-level specs from the techies who have labored on the task for the Open eBook Forum.
Is it possible, however, that our schools could also benefit from a campaign to make e-books available in typefaces optimized for various types of learning disorders?
The typeface might be required as an option on devices used by kids with learning disorders.
Such a requirement could happen over a period of time to make life easier for vendors. What's more, the use of different products could be allowed as long as tests at the National Institutes for Standards and Technology or elsewhere showed them to be effective.
Remember, we already have federal-level standards for Web-site accessibility. Here, it's just a matter of taking advantage of new development within the font area to expand the concept further. For all I know, the existing legalities may even cover what I have in mind. If so, it's time to act on them,
Reading-related learning disabilities are a major reason why children end up in special education, and the availability of the fonts just might make it easier for them to absorb material on a wide variety of topics, saving our schools billion. Remember, schools by far tend to be the biggest single expendicture of American localities.
One additional thought: Although, yes, I'm thinking in school terms as a start, perhaps eventually we could also apply the same concepts to society at large via the Americans with Disabilities Act. People with dyslexia and other learning disorders are not just students--they are also parents and employees and others with information needs of their own.
Update, 2:03 p.m., Washington time: Here's the just-received note from Brian Witt, the reader with a dyslexic wife and son and his share of print industry experience: "A typeface for dyslexic people? I'm married to a dyslexic and my son suffers from this also. I've also spent the last twelve years in the print industry and consider myself to be quite versed in the intracies of typefaces. Over the past several years, since my wife and son's diagnosis, I've done extensive research into the field of dyslexia. I can only conclude that anyone who creates a 'typeface for dyslexics' hasn't the faintest clue what he's doing. This is among the dumbest things I've ever heard." Oh, the glories of blogs as BS filters! At some point I'd love to check this out further--the reader could well be on to something. Speak up if you agree or disagree.
Update, 2:35 a.m., Wednesday: Brian Witt elaborated--and rather convincingly.
posted by David Rothman at 8:48 AM | permanent link
Monday, October 20, 2003:
The phone-e-book-dictionary connection
Check out the mix of a SmartPhone, Mobipocket software and a dictionary--if you hate the idea of strange words in new books baffling you while you're away from home.
posted by David Rothman at 8:35 AM | permanent link
DMCAism and its Karl Marx
Methinks we've witnessed the birth of a new ideology, DMCAism, the legal framework that helps foster the most obnoxious forms of Digital Rights Management. DMCAism differs from pure capitalism in that it cares just as much about control of consumers as it does about profit--in fact, very likely more. DMCAists needn't overthrow governments. They just bribe them with massive campaign contributions as they go about fomenting international revolution against the masses. The Karl Marx of DMCAism is Bruce Lehman, the sometimes-vindictive copyright lobbyist, who, as intellectual property czar under the Clinton administation, oversaw the writing of the infamous "white paper" that set the tone for Washington's Draconian copyright policy toward the Internet. The white paper is the DMCAist Manifesto.
The Microsoft Connection: None other than Marshall C. Phelps, Jr., corporate vice president and deputy general counsel for intellectual property at Microsoft, sits on the board of the Intellectual Property Institute of which Lehman is president and CEO. Presumably, after funding the Open eBook Forum, a group whose goals appear to be rather in synch with IPI's, Microsoft still has enough left over to help out IPI as well.
posted by David Rothman at 7:34 AM | permanent link
Why PDF still sucks--and Adobe does, too, more than ever
Dorothea Salo, who first used a strikingly apt line about PDF, that the format "sucks," has made trouble again---with the following: A group of archivists is going to establish what parts of the PDF spec are archive-acceptable, and they’ve stated pretty much flat out that for a particular PDF feature to be acceptable as part of an archived document, it’s got to not be proprietary to Adobe, and it’s got to not use any of that grotty DRM stuff. Just when are those bozos who run Adobe gonna give up the format wars? From librarians to small booksellers to individual readers, most everyone hates the proprietary approach and the accompanying Digital Rights Management. If Adobe, Microsoft and Friends hadn't paid off the Proprietary Format Promoters' Association with hefty sponsorship fees, e-bookdom might enjoy five or ten times the present sales volume. Blame Washington in part. This is what happens with DMCAism, where oppressive laws protect inferior proprietary copy-protection schemes and thus help make the proprietary approach--as a whole--more attractive than it would be otherwise.
Meanwhile the greedsters at Adobe are boosting the cost of the Creative Suite package and, via product activation, lowering the ease of use. So reports Slashdot.
(PDF item found orginally via Scholarly Electronic Publishing Web Log.)
posted by David Rothman at 6:39 AM | permanent link
Buy LITA e-book guide if you wanna save consulting fees--big time
You're a publisher selling e-books--or a librarian evaluating e-book systems. Just how can you best serve readers? Will children go for fonts different from the kind that adults like? Just how important to students is word lookup--or the ability to annotate books? What's best for elderly readers? How about some big fair-use issues for libraries?
Somewhere there's a study addressing one or the other of those questions, and if you want to find it, then buy E-Book Functionality: What Librarians and Their Patrons Want and Expect from Electronic Books, published by the Library and Information Technology Association (LITA) within ALA.
What a bargain despite the $35 price tag fo 138 large pages! For the price of a book, a library or pubisher evaluating digital books can suddenly gain a trio of three e-book-crazed researchers: Susan Gibbons, Thomas A. Peters (yes, the interviewer on eBookWorm) and Robin Bryan. Any librarian who does e-book system procurement without a look at the research abstracts in E-Book Functionality will be guilty of clear-cut dereliction of duty.
Especially I agree with the authors' brief but essential caution early on about the Tower of eBabel. They say that "until either a ubiquitous e-book format standard is universally adopted or the migration of content among the myriad e-book formats becomes almost effortless, authors and publishers must be cautious and place their content with the industry's most likely survivors." Of course a standard format would be the best solution by far. Yoo-hoo, OeBF? Maybe this book should be assigned reading for all your members if they really want to improve consumers' reading experiences.
Speaking of usability, if I'd had my druthers, E-Book Functionality would have offered an index and a more detailed table of contents, as well as a Web site with regular updates, the latter being consistent with one of the recommendations in the work itself. Still, Web sites are time-vacuums, as I, of all people, know. Maybe the solution is a new e-dition of the book once a year. That also would lower the price of the book for the digital crowd and especially please those outside the States--getting rid of the shipping costs.
Nits or not, based on a first look, I find this an awesomely useful book for publishers and software vendors, not just as librarians. Along the way, I'm pleased to see an abstract of a TeleRead update called E-Books in Urban Education: Useful Lessons from the South Side of Chicago, where some informal observations on young students' e-book preferences jibed with findings elsewhere.
Update, 9:31 a.m., Washington time: In a note to me, Tom Peter says about the lack of an e-book: "We inquired with LITA/ALA early on about that obvious need, but, with the quick publication deadline, evidently it wasn't in the cards." Next year, hopefully!
posted by David Rothman at 4:18 AM | permanent link
New international copyright grab would spread DMCAish excesses
Oh, the generosity of Washington! Now our Hollywood-bought government wants to share DMCAism and similar joys with our neighbors in the Western Hemisphere via the Free Trade Area of the Americas (FTAA) Treaty. Maybe pols and bureaucrats would feel otherwise if they actually read e-books and dealt first hand with such issues as Microsoft's DRM from Hell--the very stuff that the DMCA encourages and protects.
Below are smelly details about the latest copyright grab. I'm reproducing a timely warning from Robin Gross, executive director of IP Justice. Hello, Wesley Clark? Howard Dean? Time to speak up if you're truly pro-consumer. - David H. Rothman.
FTAA Treaty Chapter on IP "Threatens Freedom and Free Trade"; IP Justice White Paper Reveals Treaty Would Send P2P File-Sharers to Prison; Sponsors Petition to Delete Intellectual Property Chapter International civil liberties group IP Justice published a report today [Oct. 20] entitled "FTAA: A Threat to Freedom and Free Trade," that analyzes key sections of the Free Trade Area of the Americas (FTAA) Treaty. The FTAA Treaty will govern the lives of 800 million Americans in the Western Hemisphere in 2005.
Similar to the North American Free Trade Agreement (NAFTA), the FTAA Treaty seeks to bind the 34 democracies in the Western Hemisphere (including the US) to a single trade agreement. It will require all countries to change their domestic laws on a wide range of topics, including intellectual property rights.
The draft intellectual property rights chapter in the FTAA Agreement vastly expands criminal procedures and penalties against intellectual property infringements throughout the Americas. One clause would require countries to send non-commercial infringers such as Peer-to-Peer (P2P) file-sharers to prison. It is estimated that 60 million Americans use file-sharing software in the US alone.
According to the IP Justice report, "unless the second proposed clause to Article 4.1 is deleted from the FTAA Treaty, Internet music swapping will be a felony throughout the Western Hemisphere in 2005."
The proposed agreement forbids consumers from bypassing technical restrictions on their own CDs, DVDs and other property, similar to the controversial US Digital Millennium Copyright Act (DMCA). Even though bills are pending in the US Congress to repeal the DMCA, FTAA proposes to outlaw even more speech and legitimate conduct.
Mislabeled as a "free trade" agreement, the FTAA Agreement would actually make it illegal to bypass trade barriers such as DVD region code restrictions and it would enable price discrimination against consumers in the Americas.
The draft treaty also imposes new definitions for "fair use" and "personal use," curtailing traditional fair use and personal use rights to a single copy and only under limited circumstances. This prevents consumers from backing-up their media collections, using their media in new and innovative ways, and accessing media for educational and non-commercial purposes.
Another clause would require all countries to amend their copyright laws to extend copyright's term to at least 70 years after the life of the author, essentially forcing the new US standard on all other 33 countries in the hemisphere. Although forbidden by the US Constitution, FTAA's copyright section would allow companies to copyright facts and scientific data.
Another provision requires all domain name trademark disputes to be decided by the Internet Corporation for Assigned Names and Numbers (ICANN), a private and unaccountable organization that is ill equipped to determine the limits of freedom of expression rights or the scope of intellectual property rights. Americans would no longer have access to their local public courts to adjudicate rights over their Internet domain names.
"The FTAA Treaty's IP chapter reads like a 'wish list' for RIAA, MPAA, and Microsoft lobbyists," said IP Justice Executive Director Robin Gross. "Rather than promote competition and creativity, it is bloated with provisions that create monopolies over information and media devices," stated the intellectual property attorney.
In conjunction with the White Paper, IP Justice published an online petition calling upon the FTAA Trade Ministers to delete the entire chapter on intellectual property rights from the trade agreement. Earlier this year Brazil called for scrapping the chapter on intellectual property rights also.
FTAA Treaty negotiators, including the Office of the US Trade Representative who negotiates on behalf of US government, will meet in Miami from November 16-21, 2003. Debate over the text of the FTAA Treaty will conclude by January 2005 and the treaty is due to take effect by December 2005.
--IP Justice White Paper on FTAA IP Chapter:
--IP Justice FTAA Educational Campaign:
--IP Justice's Top 10 Reasons to Delete FTAA's IP Chapter
posted by David Rothman at 2:39 AM | permanent link
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