From: Joseph Wickens <[log in to unmask]>
Date: Thu, 25 Oct 2018 10:27:18 -0300

Hi Steven,
The fact remains that these books are not now lendable and that many
libraries increasingly favour this format and  I am not sure what kind of
exemptions could be written into any copyright law that could make this
possible (except for the inclusion of stipulations regarding DRM).
"Lending" an e-book is actually giving a digital copy of the item to the
end-user which differs radically from a physical copy which is actually
loaned, and returned.  I think the problem is not a copyright problem  *and*
a technical problem but only a technical one. If providing another
library's patron the use of an ebook could be done in such a way that the
file could be secured so as to limit use and prohibit reproduction we would
have something that publishers could agree to.  Some efforts in this
direction have been made, most notably Occam's Reader
<http://occamsreader.org/>, but the process is by no means perfect. And
there are even some enlightened publishers who have allowed e-lending
without (as far as I can tell) any of the DRM measures you would think they
would want (see VIVA's ebook lending agreement).
<https://vivalib.org/c.php?g=836990&p=6137355>

I think a united effort by the bright people and the people of good will is
needed to crack this one and sooner the better.
Thanks
Joe Wickens


On Wed, Oct 24, 2018 at 10:47 PM LIBLICENSE <[log in to unmask]> wrote:

> From: "Sowards, Steve" <[log in to unmask]>
> Date: Wed, 24 Oct 2018 12:11:46 +0000
>
> Of course, the ILL problem behind “electronic format only” is not because
> of the format per se. The key problem is the fact that copyright law
> exemptions for ILL have not caught up with the evolution of scholarly
> publishing. The technical problems for e-book lending could be solved by
> bright people, but won’t be as long as we have legislation (and
> legislators, and lobbyists) standing in the way.
>
>
>
> Steven Sowards
>
> Associate Director for Collections
>
> Michigan State University Libraries
>
> 366 W. Circle Drive
>
> East Lansing MI 48824
>
>
>
>
>
>
> From: Joseph Wickens <[log in to unmask]>
>
> Date: Tue, 23 Oct 2018 13:20:13 -0300
>
> And the "the loss of the twenty-first century" is our inability to share
> the bulk of library book collections from 2000 forward with other libraries
> at all because they are being acquired in electronic format only.  This
> forum addresses the most important problem facing Interlibrary Lending
> today. Thanks for sharing, Jim.
>
>
>
> Joe Wickens
>
>
>
> On Tue, Oct 23, 2018 at 12:27 AM LIBLICENSE <[log in to unmask]> wrote:
>
> From: "Jim O'Donnell" <[log in to unmask]>
>
> Date: Mon, 22 Oct 2018 06:27:52 -0700
>
> Last week, the Internet Archive's open library forum was devoted to the
> practice and possibilities of controlled digital lending, a way of relying
> on fair use to begin to make in-copyright library materials available to
> the public digitally while respecting copyright and complying with the
> law.  Three recent documents:
>
>
>
> 1.  a longer white paper on the subject:
> https://osf.io/preprints/lawarxiv/7fdyr/
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__osf.io_preprints_lawarxiv_7fdyr_&d=DwMFaQ&c=nE__W8dFE-shTxStwXtp0A&r=vhHHCoQ3E9wAnrSvcCJYzw&m=prAsT-1d1AYwsvfhRgC6dX2neyPI9sZ3x_dKbnMV7Vg&s=MI6MsjDAlfTuryWeiyZLGNaEDO_q5uXYseN49oj-ITw&e=>
>   Further document is included at
> https://controlleddigitallending.org/readings
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__controlleddigitallending.org_readings&d=DwMFaQ&c=nE__W8dFE-shTxStwXtp0A&r=vhHHCoQ3E9wAnrSvcCJYzw&m=prAsT-1d1AYwsvfhRgC6dX2neyPI9sZ3x_dKbnMV7Vg&s=CjiZzz33G00RSCLqRDEri_Of-IwNvdc4JIkfZjHDIno&e=>
>
>
>
> 2.  a more concise 'position statement' authored by legal scholars at
> Harvard, NYU, Georgetown, Duke, and the Internet Archive:
> https://controlleddigitallending.org/statement
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__controlleddigitallending.org_statement&d=DwMFaQ&c=nE__W8dFE-shTxStwXtp0A&r=vhHHCoQ3E9wAnrSvcCJYzw&m=prAsT-1d1AYwsvfhRgC6dX2neyPI9sZ3x_dKbnMV7Vg&s=GSJs_93zVTTsID8NdKuju_gZ4RjAN7UIefjSImDB-Zg&e=>
>
>
>
> 3.  an even more concise blog post by Duke's scholarly communications
> librarian David Hansen summarizing the issues:
> https://blogs.library.duke.edu/scholcomm/2018/09/28/controlled-digital-lending-of-library-books/
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__blogs.library.duke.edu_scholcomm_2018_09_28_controlled-2Ddigital-2Dlending-2Dof-2Dlibrary-2Dbooks_&d=DwMFaQ&c=nE__W8dFE-shTxStwXtp0A&r=vhHHCoQ3E9wAnrSvcCJYzw&m=prAsT-1d1AYwsvfhRgC6dX2neyPI9sZ3x_dKbnMV7Vg&s=n9Qn6tgeB2QSqpRUHqrCL1Xs4G7aNWpnXh4DyA13Usc&e=>
>
>
>
> The problem addressed is critical, what Brewster Kahle of the IA calls
> "the loss of the twentieth century" -- our collective inability to access
> the bulk of the material in our library collections, from the 1920s
> forward, in any form other than print.
>
>
>
> Jim O'Donnell
>
> Arizona State University
>
>