Sunday, October 16, 2011

DRM: The Darker Side of E-Books

There has been an explosion of new technologies in the association of E-Books. Several years ago, it was nifty or kind of fun to have an E-Reader and buying digital copies of books. Now E-Books are finally hitting their stride, strutting about like the cool new kid on the block. E-Books have found themselves a cozy home in American society. Despite their appeal there is a dark side to this new format and that is Digital Rights Management, known as DRM, which is challenging libraries in their pursuit of information for all.

A lot of people may be confused about DRM. Its premise is simple: it is the technologies put into digital media formats to control who, how, and when digital formats may be used according to their distributors (Agnew 2009). The goal of DRM is to protect the creative copyright of the author/artist and the companies who hold the rights to that. The danger that lurks with DRM is when those companies who hold the copyrights begin to censor what users and libraries are able to obtain.

For libraries, copyright and DRM have slightly different meanings. According the American Library Association, libraries are more affected by the business models those companies who hold DRM chose to use than DRM technologies themselves (2011). The government supporting these business model practices such as 'pay-per-use' in the information industry is crippling libraries and other public institutions ability to provide information for all (2011).

Distributors of media such as Apple or Amazon are very particular when it comes to users using their products. Instead of buying a CD or a book, you are licensing out the song or E-Book from the distributor. That means when you buy something you still do not own it, you are simply licensed to have it (Doctorow 2009). This is exactly what distributors and publishers have done with E-Books. They use a 'pay per use' license where libraries pay for a title to be used only a set number of times and then they have to buy the title license again. A library can purchase the physical book Pride and Prejudice, a must have in a public library, and it can be checked out thousands of times, but a digital copy of the same title-the exact same book in a different format is only licensed to be checked out a set number of times. This begs the question,where is the sense in all that? This probably explains the on going headaches librarians are experiencing when trying negotiate with publishers and distributors for E-Books.

To counteract with this massive 'control freak' vendetta libraries are using multi-publisher to make E-Books available to the public. Platforms like MyLibrary, OverDrive, EBL (recently purchased by ProQuest), ebrary, and Net-Library (Herther, 2011). These services give a small taste of digital books to library users, but as digital collections grow these platforms may not be able to service the users' demands. With publishers and distributors heightening their DRM control, growing E-Book collections may come to a slow petty pace.

There is a certain amount of control people are generally willing to accept, but push too far and these distributors and publishers will have severe backlash. Just ask Amazon two years ago when they deleted George Orwell's 1984 and Animal Farm from people's Kindles despite the fact that the users had purchased the E-Book legitimately from Amazon (Davies 2009). This blew up in Amazon's face. People not only noticed their E-Book was deleted, but the title was very telling as well. Most were offered an apology and a thirty dollar check, but Michigan teen, Justin Gawronski, found that was not enough when not only his copy of 1984 was deleted without warrant, but all of his notes and annotations were deleted with it. He sued Amazon and received a $150,000 settlement (2009).

How was Amazon able to do delete E-Books that people had already paid for? That is part of DRM technologies. Now Amazon has put into policy that they will not delete a product from Kindles without the user's consent. Despite their policy they still have the ability to delete items in certain circumstance which is quite an eye opener for libraries. The implications of having that much control over purchased materials is disturbing to libraries to say the least. This is just another reminded that users do not actually own digital material, they are licensed to have it. This begs the question what would it take for a publisher or distributor to remotely at random delete a book from a library collection?

This backlash is an example of when a copyright holder takes DRM too far. Libraries should not be afraid to dive into E-books, because they are a part of our patrons and users' lives and are going to be a part of their future. That does not mean that libraries should just tow the line and follow along to whatever distributors and publishers demand. Libraries and librarians are collectively massive and can use that to their advantage. Making sure that publishers and distributors remember that while piracy is a big issue, they only hurting themselves by not working with users and libraries. By molding new business models librarians and publishers can find a middle ground to improve browseability, increase collections, and possibly get rid of the 'pay per use' model.

DRM has its place and libraries respect that, but not at the cost and freedoms of our users and patrons.

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