Everybody's Libraries

July 30, 2012

In which I finally buy an ebook

Filed under: copyright,formats,online books,reading,science fiction — John Mark Ockerbloom @ 9:43 pm

In my last post, I discussed why I wanted to buy ebooks I could truly own, and my subsequent attempts to buy such a  copy of John Scalzi’s Redshirts from a readers’-rights-friendly retailer.  I initially had a hard time finding an ebook store that fulfilled three basic requirements:

  1. The store must sell a DRM-free copy of the book, in a convenient format.  That eliminated specialized ebook stores that didn’t carry the title at all.  Also, a number of major sites only had DRM-locked versions at first.
  2. The store must make the format and DRM-free status clear. Most mass-market ebooks are still locked down with DRM, and I don’t want to get stuck with that, either for this title or for other titles I might buy.  So the store had to make it clear what I was buying, either by a notation on the book’s catalog page, or by a general policy stating that books they offered were DRM-free.
  3. The store must not require me to agree to give up my rights as a reader under copyright law.  In particular, I would not consent to any terms of sale that significantly limited my rights of fair use or first sale.  Fair use allows me to make copies of copyrighted material under certain conditions, such as quoting and critiquing a small portion in my own work, or making a complete personal copy of a  TV show I’ve received or CD I’ve  bought, for more convenient consumption.  First sale lets me decide how to dispose of a book once I’ve bought it, including giving over the copy of something I’ve already lawfully acquired to someone else.  (First sale rights also let libraries lend out books without having to ask publishers first.)  Each of these rights has limits, and there are still disputes over how far these rights can be applied to digital content.  But I didn’t want to pre-emptively sign away rights that copyright law might give me.

I didn’t think it would be that hard to find a retailer to meet these requirements.  But here’s what I found when I went shopping:

Barnes and Noble: Since we owned a Nook, I first called up the store app on that device.  The ebook was simply marked as a “Nook Book”, with no clear differentation between a DRM-free and a DRM-locked copy.  (The current catalog page for the book now mentions in the overview that it’s being sold without DRM, though  not very prominently.)  I also recalled that to get access to the store in the first place, I had to click through a terms of service agreement.   Reviewing that on the web turned up a clause saying I couldn’t “copy, transfer, sublicense, assign, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Digital Content to any third party” except under certain explicit, very limited conditions.  In other words, give up first sale rights to anything I bought in the Nook store.  Rather than do that, I moved on to another retailer.

Amazon: There was no clear mention of DRM status on the book’s catalog page initially (even now, I don’t see it there until I click on “show more”).  Anazon uses its own Kindle (mobi) format for its books, so I’d need to convert it to a different format (possibly degrading the layout in the process) or get a Kindle reading program or device. The Kindle License Agreement and Terms of Use limits how I’m allowed to read books they sell, disallows third party transfers except by explicit permission, and in case I missed the point, explicitly states “Digital Content is licensed, not sold”.  No sale here, then.

Google:  Going over to Google Books, I find this book available through Google Play.  The catalog page doesn’t tell me what format it’s in, or whether it has DRM; it instead just asks me to sign in to buy it.  Google then tells me I have to agree to their terms, which again include no third party transfers, before it will give me access to whatever formats it may let me download.  If I read the book online within Google Play itself, its  privacy policy allows it to look over my shoulder to a limited extent while I’m reading.  Google pledges to use this power only for good, but personally I’d prefer to download and keep my reading details to myself in the first place, thanks.

Sony Reader store: Information on format and DRM status is not clear for its books.  Based on Sony’s past history with DRM, there’s no way I’m giving them the benefit of the doubt with the formats they might use.

Independent bookstores: I  also looked into whether I could buy an ebook through one of the independent bookstores I’ve liked shopping in.  Unfortunately, they don’t seem to offer much.  My local indie store doesn’t appear to sell ebooks at all, and Powell’s doesn’t offer seem to offer this title at present.  Independents in the IndeBound ebook program appear to just be referral agents for Google Books.

Diesel eBooks: The slogan “More freedom, more ebooks” seemed promising when I found this site.  Diesel offers both DRM-locked and DRM-free titles, and their catalog pages make it very clear which is which.   Unfortunately, they only offered a DRM-locked version of Redshirts for weeks after it was first released.  However, I recently went back to the site and found they’d switched to the DRM-free version.  Buying that ebook consisted of registering my name and email address, giving them my credit card information, and downloading an EPub file.  No click-through agreements were involved, and when I went over to look at the general terms of use for the site, they basically amounted to “don’t abuse the site, or infringe copyright”.  In short, I gave them money, and they gave me an ebook, and said “Enjoy!”, with no further fuss. That’s the kind of book shopping I like.

So there’s at least one reasonably comprehensive and reader-friendly ebookstore out there.  I’d be happy to hear about others as well.  And I look forward to buying and owning more books, in both print and electronic formats.

July 29, 2012

In which I try to buy an ebook

Filed under: copyright,online books,reading,science fiction — John Mark Ockerbloom @ 9:52 pm

Not long ago I went to the bookstore and bought some books.

This is how: I found some books I liked on the shelves, brought them to the front counter, and handed the clerk some money.  The clerk put my books and a receipt into a bag, and ended the transaction by handing me the bag and saying “Enjoy!”

So that’s what I did.  As I left the store, I thought about which book I’d start on the train home, and about all the other things I could do with my new books.  I could read them to myself, read out load to my family, lend them out to friends, cite or briefly quote them in my own work, trade them in at the used bookshop, donate them to the local library, bequeath them to my heirs, cut things out from them and post them on my wall, make origami art out of the pages, or lots of other things that neither I nor the bookseller had yet imagined.  As long as I didn’t violate copyright or other laws, neither the bookstore, the publisher, nor anyone else had any further say in how I  enjoyed the books.  They were mine.

I also own a number of books on my computers, but not ones I’ve bought, at least not as ebooks.  (They’re all in the public domain, or came bundled with a print edition I bought, or are free authorized digital editions. I don’t do bootlegs.)  But I wanted to buy electronic books as well– books I liked that weren’t being offered for free or in bundles; books where I could support the authors and publishers through my purchase.

Unfortunately, there weren’t many ebooks of interest that I could buy– at least not if “buying” means “owning”.  Oh, I could call up a store app on my Nook, or go to Amazon online, where they offered me book files in return for some money and my consent to a take-it-or-leave-it agreement.   A file I paid for wouldn’t be a book I owned, it would be a file that I licensed under a non-negotiable contract, and I could only do with the file what the vendor, the publisher, and other parties to the agreement decreed I could do.  The file itself would be encrypted with “Digital Rights Management” (DRM), that would only allow display by approved programs that carefully controlled whether and how I could read the book. And if those programs stopped working, or decided to revoke my right to read the book, or if I wanted to use the books on some other system, or in some other way they didn’t anticipate and approve of, tough luck for me.  (Technically, I could break the encryption, but I would be breaking the law if I did.)   And I shouldn’t even think about trying to pass along the book to someone else– unless I was lucky enough to find a title eligible for some very limited lending experiments certain publishers and vendors were trying out.  I have books in my home that my grandparents read 100 years ago, but I had little hope my grandchildren would be able to read ebooks like these, at least not legally.

A few places offered DRM-free books for sale, but they tended either to offer titles I preferred to read in print (like the computer books published by O’Reilly), or they didn’t offer many titles of interest to me.  I wasn’t going to get into the habit of buying ebooks unless there was a critical mass of titles worth aggregating into a personal library.

So I was thrilled when Tor, a major science fiction publisher and an imprint of one of the Big Six publishing companies, announced that all of their books would soon be sold DRM-free.  They weren’t the first SF imprint to take this route– Baen, for instance, has been offering DRM-free titles for years– but Tor had enough authors I liked that I could see myself buying ebooks from them fairly regularly.  Tor’s first DRM-free release would be John Scalzi’s Redshirts, a book I’d already been hoping to buy, and which I now decided to buy as an ebook.  That would let me try out the new format, and also thank Tor and Scalzi for taking the initiative to let readers just own their books.  (And if Tor’s initiative does well, other imprints might follow.)

I originally planned to buy the ebook on its release date.  But even when an author and a publisher are ready to go, it can take a while to get the retailers on board.  On the day Redshirts came out, many ebook stores delivered DRM-locked files instead of the DRM-free edition readers expected.  (Thankfully, Tor offered free exchanges almost right away.)  More worrisome to me, though, was that many of the major ebook retailer sites wouldn’t complete a transaction unless I first indicated consent to a “take it or leave it” agreement that appeared to sign away important rights readers normally have to books they buy.  Unlike the print books I bought in the bookstore, my enjoyment of the ebooks I got from these sellers would be restricted by their contractual demands, above and beyond the standard constraints of copyright law.  DRM or no DRM, the ebooks would not  truly be my own if I agreed to those demands.

Eventually, though, I found a retailer that offered what I wanted without any unacceptable strings attached, and I’m now a happy Redshirts ebook owner and reader.  I’ll describe my experience buying the book from that retailer, and not buying the book from some better-known retailers, in my next post.

July 22, 2012

Building on a full complement of copyright records

Filed under: citizen librarians,copyright,open access,sharing — John Mark Ockerbloom @ 12:22 pm

Thanks to recent efforts of the US Copyright Office, we now have a complete digitization of summary copyright registration and renewal records back to the late 19th century.  As Mike Burke and others at the Copyright Office have been reporting on their blog, Copyright Matters: Digitization and Public Access, the Copyright Office has now digitized nearly every volume of the Catalog of Copyright Entries, and its predecessor publication, the Catalogue of Title Entries of Books and Other Articles, to the start of that serial in 1891.  Combined with the current online Copyright Catalog database, and some independent scans that fill in gaps in the Copyright Office set, records for every copyright registration and renewal still in force in the US can now be found online, free of charge.

This is a great benefit for people wanting to make better use of copyrighted works and the public domain.  With the information now online, we can quickly verify copyright and public domain status for lots of works, and also get useful leads on current owners of copyrights, in ways that were not possible when the only copies of the Catalog were in closed reserve at certain federal depository libraries.  Various people in the Copyright Office  have been hoping for a while to get approval and funding for this digitization, and I’m very thankful for their persistence in seeing the work through.

Not all the work is done, though.  Although the Catalog is now online, its records are not as easy to search, navigate through, and interpret as they could be.  There’s no one-stop search box, for instance, that will reliably bring you to any copyright record with your query terms, regardless of date or type of record.  And the Copyright Office also has more information about its copyright registrations– some of it on catalog cards, and more of it on original registration certificates like the one I found when researching the status of my mother’s book– that could be useful to people researching copyright status and looking for rightsholders.

For now, the Copyright Office is scanning the cards used to look up volumes of registration certificates, and that are also the basis of the Catalog of Copyright Entries printed volumes.  From my (limited) experience with these cards, they don’t seem to add much information to what’s in the printed Catalog, but it’s easier to automatically create a searchable, structured database of copyright records from the cards, with their fairly regular typefaces and formats, than it would be to create one from the Catalog scans.  According to their latest blog post, the Copyright Office is now creating digital images of the relevant cards, and hope to be done by the end of Fiscal Year 2014, or a little over 26 months from now.  They’re also hoping to work with various partners– including “crowdsourcing” partnerships– to reliably convert the information on the cards into machine-readable form.

There are also lots of ways to make the existing online records more useful.   On my own copyright records site, for instance, I’ve now made a comprehensive index to all the Catalog volumes, and created a table to make it easier to look up records in digitized Catalog volumes, based on the year and type of copyright registration.  I’m still working on further refinements, and would be very happy to hear suggestions.  (I’ve also been unable to find one 12-month stretch of records for copyrights from 1895 and 1896.  Fortunately, all the copyrights from those years have long since expired, but I’d still be grateful to anyone who can help me fill this last gap.)

At the same time, I’ve been using the comprehensive record set to help me research and publicize copyright status for listings on The Online Books Page.  For instance, if I’m listing public domain issues of a journal, magazine, or other serial, I’ll also look to see whether additional issues might also be in the public domain if their copyrights were not renewed.  Then I’ll place a note about this on my cover page for the serial, if applicable.

As for the Copyright Office, I’m hoping that they can soon start digitizing their volumes of registration certificates, which contain a lot of useful additional information about copyrights and copyright holders, and which no one else has.  Digitizing all of them wouldn’t be cheap– there are a lot of pages potentially to digitize, usually two for each registration.  But perhaps they could start digitizing incrementally, either on a prioritized systematic basis (e.g., starting with the most recent volumes), or on a demand-based basis (e.g., digitizing when someone wants to obtain a copy of one of a volume’s certificates).

These are only a few of the things that could be done with the records now online, by people anywhere with the suitable motivation.  I’d love to hear what others are doing or thinking of doing.

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