Will it never let up? I’m talking about this tide of disguised PR articles from OverDrive, via local newspapers and trade publications–all touting e-books at libraries without exploring the damage done to the public domain doctrine. Remember, public domain is the legal marvel that makes Project Gutenberg and similar wonders possible. About such a tiny detail, however, librarians seem to be just as clueless as the well-intentioned writers are.

The latest article of this ilk, from BookTech Magazine, which actually may have an excuse to overlook the public domain angle, because of its publisher audience, says of the Cleveland Public Library:

About 1,000 books, ranging from new releases like Michael Crichton’s Prey to classic literature, are available as e-books. They can be checked out exactly like non-electronic titles.

Just why are the libraries having readers “check out” public domain books? They should be given away or at least checked out forever. An Arkansas library never responded to my query about time limits.

Point is, the doctrine of public domain will ultimately vanish if libraries don’t use it, and if they set up their systems to adjust to the proprietary tecnologies pushed by companies such as OverDrive, rather than having the private sector meet the true needs of the public. Is there any trade publication willing to explore this issue in depth?

To BookTech’s credit, the magazine does at least mention the format wars briefly in a DRM context:

E-book compatibility can be a problem for readers, however. For example, the Cleveland Public Library’s e-book project only supports e-book readers from Adobe Systems Inc. and Palm Inc.

The reason: Microsoft’s e-book reader software doesn’t support expiration dates, so books can’t be virtually checked-out and checked-in.

My guess is that Microsoft will fill in the gap in the near future–as well it should. There is a difference between “checking out” a public-domain book and “checking out” one still under copyright. The best solution would be the TeleRead approach of libraries’ allowing even copyrighted books to remain on readers’ machines forever (with appropriate compensation to participating writers and publishers). But failing that, the “checking out” of copyrighted works will be a necessary evil of librarydom. Just don’t impose check-outs on the public domain. Bits and bytes aren’t that expensive to give away.

(BookTech article found via Pocket PC Watch.)

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