We are excited to announce the release of our report, “Securing Digital Rights for Libraries: Towards an Affirmative Policy Agenda for a Better Internet,” and the culmination of a months-long process consulting with leading experts from libraries, civil society, and academia regarding libraries’ role in shaping the next iteration of the internet. The Internet Archive did this work in collaboration with the Movement for a Better Internet, so as to help model how this community can work together towards building an internet centered on public interest values.

You can download and read the free, openly-licensed report HERE.

The consultation focused on two core questions: How can libraries (1) sustain their traditional societal function and (2) build on their strengths to support a better information ecosystem in the 21st Century? Participants discussed a wide range of challenges, including consolidation in the publishing industry, mis/disinformation, and providing equitable access to information despite these obstacles. The conversation was anchored in libraries’ traditional support of public interest values—i.e. democracy, equity, diversity and inclusion, privacy, freedom of expression, and more.

The key takeaway from this consultation process is simple: The rights that libraries have always enjoyed offline must also be protected online. The report articulates a set of four digital rights for libraries, based on the core library functions of preserving and providing access to information, knowledge, and culture. Specifically, if libraries are to continue ensuring meaningful participation in society for everyone in the digital era, they must have the rights to:

• Collect digital materials, including those made available only via streaming and other restricted means, through purchase on the open market or any other legal means, no matter the underlying file format;
• Preserve those materials, and where necessary repair or reformat them, to ensure their long-term existence and availability;
• Lend digital materials, at least in the same “one person at a time” manner as is traditional with physical materials;
• Cooperate with other libraries, by sharing or transferring digital collections, so as to provide more equitable access for communities in remote and less well-funded areas.

The report is intended as a guide for meaningful policy discussions among librarians, public interest advocates, and lawmakers. We encourage you to read it and join us next Thursday, December 8th for a webinar discussion about the report with leaders from Internet Archive, Public Knowledge, Creative Commons, and the Association of Research Libraries. Come with your feedback, questions, and ideas for translating the conclusions of the report into actionable policy goals. We also encourage you to check out the Movement for a Better Internet, and join us there as we continue to work with different communities to build an internet that works better for everyone.

The post Internet Archive Releases Report on Securing Digital Rights for Libraries appeared first on Internet Archive Blogs.

The moon belongs to everyone, so says the 1927 hit musical composition, “The Best Things In Life Are Free.” We agree! In January of 2023, a treasure trove of new cultural works will become as free as the moon and the stars, and we at Internet Archive, Creative Commons and many other leaders from the open world plan to throw a party to celebrate!

Next year, works published in 1927 will join the myriad creative building blocks of our shared culture heritage. The public domain will grow richer with books from authors like Sir Arthur Conan Doyle, Marcel Proust, and Virginia Woolfe, silent film classics like the controversial The Jazz Singer with Al Jolson and Fritz Lang’s dystopian Metropolis, and snappy musical compositions like You Scream, I Scream, We All Scream For Ice Cream.

You can welcome new public domain works and party with us two ways:

Join us for a virtual party on January 19, 2023 at 1pm Pacific/4pm Eastern time where we will celebrate our theme, The Best Things In Life Are Free, with a host of entertainers, historians, librarians, academics, activists and other leaders from the open world, including additional sponsoring organizations Library Futures, SPARC, Authors Alliance, Public Knowledge, and the Duke Center for the Study of the Public Domain. REGISTER FOR THE VIRTUAL EVENT HERE!

The Internet Archive will also host an in-person Film Remix Contest Screening Party on January 20, 2023 at 6pm at 300 Funston Ave in San Francisco. We will celebrate 1927 as founding year of the Academy of Motion Picture Arts and Sciences, while watching this year’s Public Domain Day Remix Contest winning entries, eating popcorn and ice cream. Come dressed in your best golden age of Hollywood inspired costume and walk the red carpet with the Internet Archive as we celebrate the entry of “talkies” into the public domain. REGISTER FOR THE IN-PERSON PARTY IN SAN FRANCISCO HERE!

The post The Best Things in Life Are Free: Two Ways to Celebrate Public Domain Day in 2023 appeared first on Internet Archive Blogs.

We are looking for artists of all levels to create and upload a short film of 2–3 minutes to the Internet Archive to help us celebrate Public Domain Day on 20 January 2023!

Public Domain Day is a celebration of all the rich materials that will be newly available to the public free of copyright restrictions. On January 1, 2023, most works published in 1927 will ascend into the Public Domain in the United States. We want artists to use this newly available content to create short films using resources from the Internet Archive’s collections from 1927. 

The uploaded videos will be judged and prizes of up to $1500 awarded!! (Please see details below)

Winners will be announced and shown at the in-person Public Domain Day Celebration at the Internet Archive headquarters in San Francisco on 20 January 2023. All other participating videos will be added to a Public Domain Day Collection on archive.org and featured in a blog entry in January of 2023.

Here are a few examples of some of the materials that will become public domain on January 1, 2023:

• Books! e.g. The Complete Sherlock Holmes by Arthur Conan-Doyle (vol I and vol II), Death Comes for the Archbishop by Willa Cather, and Mosquitoes by William Faulkner
• Periodicals! E.g. issues from Life, The Billboard, and The Saturday Evening Post
• Sheet Music! E.g. The Best Things in Life Are Free, You Scream, I Scream, We All Scream For Ice Cream
• Movies! E.g. Metropolis, The Jazz Singer, and The King of Kings

Possible themes include, but are not limited to:  

• The Best Things in Life Are Free
• Sleuthing the Public Domain
• What can 1927 teach us about 2023?

Guidelines

• Make a 2–3 minute movie using at least one work published in 1927 that will become Public Domain on January 1 , 2023. This could be a poem, book, film, musical composition, painting, photograph or any other work that will become Public Domain next year. The more different PD materials you use, the better!
  • Note: If you have a resource from 1927 that is not available on archive.org, you may upload it and then use it in your submission. (Here is how to do that). 
• Your submission must have a soundtrack. It can be your own voiceover or performance of a public domain musical composition, or you may use public domain or CC0 sound recordings from sources like Openverse and the Free Music Archive.
  • Note: Sound recordings published before 1923 are in the public domain. Sound recordings published later than Jan 1, 1923 are NOT public domain, even if the underlying musical composition is, so watch out for this!
• Mix and Mash content however you like, but note that ALL of your sources must be from the public domain. They do not all have to be from 1927. Remember, U.S. government works are public domain no matter when they are published. So feel free to use those NASA images! You may include your own original work if you put a CC0 license on it.
• Add a personal touch, make it yours!
• Keep the videos light hearted and fun! (It is a celebration after all!)

Submission Deadline

All submissions must be in by Midnight, 16 January 2023 (PST)

How to Submit

• Create an Internet Archive Account
• Upload your film to archive.org with a subject tag field of “public domain day film contest 2023” in the upload form (see example here)
• Link all your sourced materials from 1927 in the upload description

Prizes

• 1st prize: $1500
• 2nd prize: $1000
• 3rd prize: $500

*All prizes sponsored by the Kahle/Austin Foundation

Judges

Judges will be looking for videos that are fun, interesting and use public domain materials, especially those from 1927. They will be shown at the in-person Public Domain Day party and should highlight the value of having cultural materials that can be reused, remixed, and re-contextualized for a new day. Winners’ pieces will be purchased with the prize money, and viewable  on the Internet Archive under a Creative Commons license.

• Amir Saber Esfahani (Director of Special Arts Projects, Internet Archive)
• Rick Prelinger (Board Member, Internet Archive, Founder, Prelinger Archives)
• Yuanxiao Xu (Deputy Counsel, Creative Commons)

Previous Winners:

The post Public Domain Day 2023 Remix Contest: The Internet Archive is Looking For Creative Short Films Made By You! appeared first on Internet Archive Blogs.

Democracies require an educated citizenry to flourish– and because of this, Democratic governments, at all levels, spend billions of dollars publishing reports, manuals, books, videos so that all can read and learn. That is the good news.  The bad news is that in our digital age, much of this is not accessible.   Democracy’s Library aims to change this.   

The aim of the Internet Archive Democracy’s Library is to collect, preserve and make freely available all the published works of all the democracies– the federal, provincial, and municipal government publications– so that we can efficiently learn from each other to solve our biggest challenges in parallel and in concert.

Democracy’s Library is the foundational information of free people.

We call this “Democracy’s Library” because Democracy is an open system that trusts its citizens to learn, grow and have independent agency. Democratic governments publish openly because they want important information spread widely.  There are no paywalls to the works of government, or there shouldn’t be. 

We need access to all the River reports so we can help understand and manage our declining clean water.   Access to Agricultural research to help farm more sustainably.  To Materials research to build better products and devices. To Local hearings on project results so other cities can overcome the same challenges.  To Training materials and text books for many professions.   All free– and in ways you can find them.

Bringing free public access to the public domain is the opportunity of the Internet– an infrastructure that effectively costs nothing to distribute information that has been collected and organized.

Yes, this will cost a small fortune– but it is within our grasp– to collect and organize billions of documents and datasets, preserve the materials for the ages and make them available for many purposes.  While scoping projects in the United States and Canada have now begun, we estimate this project will cost at least $100 million dollars. The big money has not been committed yet, and we’re still fundraising. But to get things kicked off, Filecoin Foundation (FF) and Filecoin Foundation for the Decentralized Web (FFDW), are supporting the project. The Internet Archive has ramped up government websites and datasets as well as digitizing print materials with many library partners.

Thankfully, we do not have the rights and paywall problems that have been strangling the Internet’s best feature: an essentially free information distribution system.   

Democracy’s Library can be a free public library available on your phone and your laptop.  

Democracy’s Library will be the foundation of new services, both non-commercial and commercial, that leverages language understanding, machine learning, automatic translation, speech recognition, and visualizations.

Democracies publish openly– let’s take advantage of this.  Leverage our library system to not just lease commercial publisher’s database products, but build open collections that everyone can use and reuse without limitation.

Lets build direct conduits from governments into Democracy’s Library for long term preservation and access. A public-public partnership that long served us in the paper era, that took a pause in the mainframe era of commercial databases, can flourish again in the Internet era.  

“Public Access to the Public Domain” can be a rallying cry for Democracy’s Library.

Democracy’s Library can be a flowering of information services for free people.

Please join in and help.   Jamie Joyce of the Internet Archive (jamiejoyce@archive.org) is leading the effort in the United States, Andrea Mills of the Internet Archive Canada ( andrea@archive.org ) is leading the Canadian effort.  The project is overseen by Brewster Kahle ( brewster@archive.org ).   

If you’d like to stay connected, sign up for the #EmpoweringLibraries newsletter.

Have ideas?  Have materials?  Have a use case?  Have resources to bring to bear?   This can only happen if we work together.  

Let’s build Democracy’s Library, together.

The post What is the Democracy’s Library? appeared first on Internet Archive Blogs.

We’ve just finished scheduling three new events through the end of the year that you won’t want to miss! All events are virtual, free and open to the public.

Can’t make one of the sessions? Go ahead and register so that you’ll receive an e-mail with the session recording.

November 30

Join HEATHER JOSEPH, executive director of SPARC, for a chat with DATA CARTELS author SARAH LAMDAN about the companies that control & monopolize our information.

REGISTER NOW: DATA CARTELS

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. SARAH LAMDAN brings us into the unregulated underworld of these “data cartels”, demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge.

This event is co-sponsored with Authors Alliance.

December 8

What do libraries have to do with building a better internet? How would securing certain digital rights for these traditional public interest institutions help make the internet work better for everyone? 

REGISTER NOW: POLICIES FOR A BETTER INTERNET

Join Public Knowledge President CHRIS LEWIS as he facilitates a conversation on these issues and the emerging Movement for a Better Internet with library and internet policy experts LILA BAILEY (Internet Archive), KATHERINE KLOSEK (Association of Research Libraries) and BRIGITTE VÉZINA (Creative Commons).

They will discuss Internet Archive’s forthcoming report “Securing Digital Rights for Libraries: Towards an Affirmative Policy Agenda for a Better Internet” along with ongoing copyright reform projects from Creative Commons and ARL.

This event is co-sponsored with the Movement for a Better Internet.

December 15

Join copyright scholar PAMELA SAMUELSON for a discussion with historian PETER BALDWIN about THE COPYRIGHT WARS, covering three centuries’ worth of trans-Atlantic copyright battles. 

REGISTER NOW: THE COPYRIGHT WARS

Today’s copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and libraries is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. THE COPYRIGHT WARS—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.

This event is co-sponsored with Authors Alliance.

The post JUST ADDED: Three new events to close out 2022 appeared first on Internet Archive Blogs.

Join copyright scholar PAMELA SAMUELSON for a discussion with historian PETER BALDWIN about THE COPYRIGHT WARS, covering three centuries’ worth of trans-Atlantic copyright battles. 

REGISTER NOW

Today’s copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and libraries is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. THE COPYRIGHT WARS—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.

THE COPYRIGHT WARS is available to read or download from the Internet Archive, as designated by the author. You can also purchase the book in print from Princeton University Press, or your local bookshop.

This event is co-sponsored with Authors Alliance.

Author Talk: Peter Baldwin, The Copyright Wars
Thursday, December 15 @ 10am PT / 1pm ET
Register now for the virtual event.

The post Author Talk: Peter Baldwin, The Copyright Wars appeared first on Internet Archive Blogs.

What do libraries have to do with building a better internet? How would securing certain digital rights for these traditional public interest institutions help make the internet work better for everyone?

REGISTER NOW

Join Public Knowledge President CHRIS LEWIS as he facilitates a conversation on these issues and the emerging Movement for a Better Internet with library and internet policy experts LILA BAILEY (Internet Archive), KATHERINE KLOSEK (Association of Research Libraries) and BRIGITTE VÉZINA (Creative Commons).

They will discuss Internet Archive’s forthcoming report “Securing Digital Rights for Libraries: Towards an Affirmative Policy Agenda for a Better Internet” along with ongoing copyright reform projects from Creative Commons and ARL.

Policies for a Better Internet: Securing Digital Rights for Libraries
Thursday, December 8 @ 10am PT / 1pm ET
Register now for the virtual event

ABOUT THE SPEAKERS

CHRIS LEWIS is President and CEO at Public Knowledge. Prior to being elevated to President and CEO, Chris served for as PK’s Vice President from 2012 to 2019 where he led the organization’s day-to-day advocacy and political strategy on Capitol Hill and at government agencies. During that time he also served as a local elected official, serving two terms on the Alexandria City Public School Board. Chris serves on the Board of Directors for the Institute for Local Self Reliance and represents Public Knowledge on the Board of the Broadband Internet Technical Advisory Group (BITAG).

LILA BAILEY is Senior Policy Counsel for the Internet Archive. She leads the team responsible for the legal and policy strategies supporting the non-profit library’s mission to enable Universal Access to All Knowledge. Lila has spent her career as a passionate advocate of democratizing access to information, culture, and educational resources. In 2020, Public Knowledge recognized Lila’s contributions to public interest technology policy as the 17th annual winner of the IP3 award in the category of Intellectual Property. Fortune Magazine named her a “copyright champion” for her work leading the Archive’s fair use defense against four major commercial publishers in the Hachette v. Internet Archive case about digital book lending. Lila holds a JD from Berkeley Law and a BA in Philosophy from Brown University.

KATHERINE KLOSEK is the Director of Information Policy at the Association of Research Libraries (ARL).As a member of the ARL Scholarship and Policy team, Katherine formulates Association positions on key information policy debates, and develops and implements advocacy strategies to advance the Association’s legal and public policy agenda in legislative, administrative, and judicial forums. Building strong partnerships with stakeholders in libraries, higher education, scholarship, and civil society, she represents the Association in outreach to policy makers on Capitol Hill and in the executive branch. Serving as the staff lead to ARL’s Advocacy and Public Policy Committee, Katherine helps mobilize ARL’s membership to influence government policy–making in key moments, and in responding and adapting to major legal and policy developments.

BRIGITTE VÉZINA is the Director of Policy, Open Culture, and GLAM at Creative Commons. Brigitte is passionate about all things spanning culture, arts, handicraft, traditions, fashion and, of course, copyright law and policy. She gets a kick out of tackling the fuzzy legal and policy issues that stand in the way of access, use, re-use and remix of culture, information and knowledge.

The post Policies for a Better Internet: Securing Digital Rights for Libraries appeared first on Internet Archive Blogs.

On November 9, Internet Archive participated in a webinar hosted by OCLC that showed librarians how to request articles from our library using OCLC tools.

The Recording and Slides (PDF download) from the event are now available.

How do I request articles from the Internet Archive?

1. To learn how, watch the recording—starting at timestamp 12:25 minutes—and view slides 21- 30 (PDF).
   1. Create/update your custom holdings to include IAILL in the group you use for copy requesting.
      1. Learn more about how to set up custom holding groups and custom holding paths.
      2. Send copy requests to the Custom Holdings Path including IAILL using Automated Request Manager.
   2. If you have Tipasa, add IAILL to your group of Proven Senders.
   3. If you have ILLiad, make IAILL an Odyssey Trusted Sender.
   4. If Internet Archive indicates that they own the year/volume you need, you can simply add IAILL to your lender string.
      1. From the Holdings page, filter to the article date you need, select the custom holdings path including IAILL, and click go to populate the lender string.
2. Have questions about how to set up your custom holdings groups and paths? Please contact OCLC Support.  

Key facts about the Internet Archive

1. Internet Archive’s OCLC symbol: IAILL
2. Internet Archive supplies for FREE
3. Internet Archive is fast—and deliver in an average of 37 minutes
4. Articles delivered electronically through Article Exchange
5. All PDFs are provided with full OCR (Optical Character Recognition) 

Questions?

• Learn more about Internet Archive’s resource sharing activities.
• If you have any questions about how to request articles from Internet Archive through OCLC, feel free to contact OCLC Support.

The post Tips for requesting articles from Internet Archive on OCLC’s resource sharing network appeared first on Internet Archive Blogs.

In the six weeks since announcing that Internet Archive has begun gathering content for the Digital Library of Amateur Radio and Communications (DLARC), the project has quickly grown to more than 25,000 items, including ham radio newsletters, podcasts, videos, books, and catalogs. The project seeks additional contributions of material for the free online library.

You are welcome to explore the content currently in the library and watch the primary collection as it grows at https://archive.org/details/dlarc.

The new material includes historical and modern newsletters from diverse amateur radio groups including the National Radio Club (of Aurora, CO); the Telford & District Amateur Radio Society, based in the United Kingdom; the Malta Amateur Radio League; and the South African Radio League. The Tri-State Amateur Radio Society contributed more than 200 items of historical correspondence, newspaper clippings, ham festival flyers, and newsletters. Other publications include Selvamar Noticias, a multilingual digital ham radio magazine; and Florida Skip, an amateur radio newspaper published from 1957 through 1994.The library also includes the complete run of 73 Magazine — more than 500 issues — which are freely and openly available.  

More than 300 radio related books are available in DLARC via controlled digital lending. These materials may be checked out by anyone with a free Internet Archive account for a period of one hour to two weeks. Radio and communications books donated to Internet Archive are scanned and added to the DLARC lending library.

Amateur radio podcasts and video channels are also among the first batch of material in the DLARC collection. These include Ham Nation, Foundations of Amateur Radio, the ICQ Amateur/Ham Radio Podcast, with many more to come. Providing a mirror and archive for “born digital” content such as video and podcasts is one of the core goals of DLARC.

Additions to DLARC also include presentations recorded at radio communications conferences, including GRCon, the GNU Radio Conference; and the QSO Today Virtual Ham Expo. A growing reference library of past radio product catalogs includes catalogs from Ham Radio Outlet and C. Crane.

DLARC is growing to be a massive online library of materials and collections related to amateur radio and early digital communications. It is funded by a significant grant from Amateur Radio Digital Communications (ARDC) to create a digital library that documents, preserves, and provides open access to the history of this community. 

Anyone with material to contribute to the DLARC library, questions about the project, or interest in similar digital library building projects for other professional communities, please contact:

The post Digital Library of Amateur Radio & Communications Surpasses 25,000 Items appeared first on Internet Archive Blogs.

Ever try to read a physical book passed down in your family from 100 years ago?  Probably worked well. Ever try reading an ebook you paid for 10 years ago?   Probably a different experience. From the leasing business model of mega publishers to physical device evolution to format obsolescence, digital books are fragile and threatened.

For those of us tending libraries of digitized and born-digital books, we know that they need constant maintenance—reprocessing, reformatting, re-invigorating or they will not be readable or read. Fortunately this is what libraries do (if they are not sued to stop it). Publishers try to introduce new ideas into the public sphere. Libraries acquire these and keep them alive for generations to come.

And, to serve users with print disabilities, we have to keep up with the ever-improving tools they use.

Mega-publishers are saying electronic books do not wear out, but this is not true at all. The Internet Archive processes and reprocesses the books it has digitized as new optical character recognition technologies come around, as new text understanding technologies open new analysis, as formats change from djvu to daisy to epub1 to epub2 to epub3 to pdf-a and on and on. This takes thousands of computer-months and programmer-years to do this work. This is what libraries have signed up for—our long-term custodial roles.

Also, the digital media they reside on changes, too—from Digital Linear Tape to PATA hard drives to SATA hard drives to SSDs. If we do not actively tend our digital books they become unreadable very quickly.

Then there is cataloging and metadata. If we do not keep up with the ever-changing expectations of digital learners, then our books will not be found. This is ongoing and expensive.

Our paper books have lasted hundreds of years on our shelves and are still readable. Without active maintenance, we will be lucky if our digital books last a decade.

Also, how we use books and periodicals, in the decades after they are published, change from how they were originally intended. We are seeing researchers use books and periodicals in machine learning investigations to find trends that were never easy in a one-by-one world, or in the silos of the publisher databases. Preparing these books for this type of analysis is time consuming and now threatened by publisher’s lawsuits.

If we want future access to our digital heritage we need to make some structural changes:  changes to institution and publisher behaviors as well as supportive funding, laws, and enforcement.

The first step is to recognize preservation and access to our digital heritage is a big job and one worth doing.  Then, find ways that institutions– educational, government, non-profit, and philanthropic– could make preservation a part of our daily responsibility.

Long live books.

The post Digital Books wear out faster than Physical Books appeared first on Internet Archive Blogs.

The Internet Archive has recently set up its own Mastodon server– a federated/decentralized open source social media package– that has garnered lots of attention lately.

We use it in ways that we use twitter now (we are not leaving twitter):
• @internetarchive@mastodon.archive.org for events, announcements, and fun things
• Staff accounts (e.g. my account @brewsterkahle@mastodon.archive.org) for, well, whatever.

Why?  We need a game with many winners, not just a few powerful players.  

Through our dweb work, the Internet Archive has catalyzed decentralized web technologies through conferences, summits, meet-ups and camps for 6 years. We need new tech to help with privacy, robustness, and work around issues of disinformation, and corporate consolidation.  Mastodon is built on open standards so others can build alternative clients and integrate it into other systems.  

Looking forward to many social media alternatives: Blue Sky, Matrix, and many others. 

Personally, I want to see the evolution and combination of features of Slack, Twitter, SMS, Signal, email, Discord, Facebook, IRC, zoom, google meet, and other ways we communicate.  While we are at it, how about a more integrated environment of zendesk, jira, wordpress, and google docs.  Free and open technologies that invite interoperability while communities maintain control would be ideal.  And in my day-to-day I would love fewer systems to monitor that also limit my direct exposure to celebrities, influencers, and politicians.   Oh, I can dream…

Please help us learn, this time about Mastodon.   Thank you, all!

The post We have added a Mastodon Server appeared first on Internet Archive Blogs.

Join SPARC’s Heather Joseph for a chat with author Sarah Lamdan about the companies that control & monopolize our information.

Book Talk: Data Cartels with Sarah Lamdan & Heather Joseph
Co-sponsored by Internet Archive & Authors Alliance
Wednesday, November 30 @ 10am PT / 1pm ET
Register now for the virtual discussion.

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these “data cartels”, demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge.

About the speakers

Sarah Lamdan is Professor of Law at the City University of New York School of Law. She also serves as a Senior Fellow for the Scholarly Publishing and Academic Resources Coalition, a Fellow at NYU School of Law’s Engelberg Center on Innovation Law and Policy.

Heather Joseph is a longtime advocate and strategist in the movement for open access to knowledge. She is the Executive Director of SPARC, an international alliance of libraries committed to creating a more open and equitable ecosystem for research and education. She leads SPARCs policy efforts, which have produced national laws and executive actions supporting the free and open sharing of research articles, data and textbooks, and has worked on international efforts to promote open access with organizations including the United Nations,, The World Bank, UNESCO, and the World Health Organization.

Book Talk: Data Cartels with Sarah Lamdan & Heather Joseph
Co-sponsored by Internet Archive & Authors Alliance
Wednesday, November 30 @ 10am PT / 1pm ET
Register now for the virtual discussion.

The post Book Talk: Data Cartels appeared first on Internet Archive Blogs.

Join journalist and editor Maria Bustillos in conversation with author Glyn Moody for a discussion about copyright, digital rights and the 21st-century walls blocking access to culture.

Book Talk: Walled Culture with Glyn Moody & Maria Bustillos
Thursday, November 10 @ 10am PT / 1pm ET
Register now for the virtual discussion.

While Ed Sheeran and Dua Lipa get sued for alleged plagiarism and the majority of creators see pennies for their hard work, record labels continue to explode. Libraries struggle to make ebooks accessible while being sued by an increasingly powerful book industry. In his book WALLED CULTURE (download for free or purchase in print), Glyn Moody explores how the transition from the physical to digital world has locked up access to culture and knowledge through copyright walls – specifically, outdated laws designed for the traditional, analogue world. 

WALLED CULTURE is the first book providing a compact, non-technical history of digital copyright and its problems over the last 30 years, and the social, economic and technological implications.

Steering our conversation will be Maria Bustillos, writer and editor of the Brick House Cooperative. Bustillos is a passionate advocate for equitable access to information, and has written extensively about issues relating to ebooks, publishing, and digital ownership.

REGISTER NOW

Maria Bustillos is a journalist and critic whose work has appeared in the New York Times, the New Yorker, the Guardian, the Los Angeles Times, Harper’s, the Times Literary Supplement, ESPN, Bloomberg, VICE, Gawker, The Awl, and elsewhere. She writes the public editor column for MSNBC at the Columbia Journalism Review.

Glyn Moody is a technology writer and published journalist who has been writing about the digital world for 40 years, the internet for nearly 30, and copyright for 20. He is best known for his book, Rebel Code: Linus and the Open Source Revolution (2001). He is also the author of Digital Code of Life: How Bioinformatics is Revolutionizing Science, Medicine, and Business (2004). His weekly column, “Getting Wired”, was the first regular column about the business use of the internet, and ran 400 total articles between 1994 through 2001. More recently, he has written nearly 2,000 articles for the leading tech policy site Techdirt.

Book Talk: Walled Culture with Glyn Moody & Maria Bustillos
Thursday, November 10 @ 10am PT / 1pm ET
Register now for the virtual discussion.

The post Book Talk: Walled Culture appeared first on Internet Archive Blogs.

A developer came to me a week ago with a project they’d been working on for over a year. The proposition of what they offered and the importance of what it would mean to historical software at Internet Archive was so compelling that within 48 hours, we’d announced it to the world.

The site is DISCMASTER.TEXTFILES.COM, and within its stacks lie multitudes of previously hidden software treasure, and a directed search engine that makes it a top-notch research tool.

More than a fascinating site, though, it represents some philosophies regarding the Archive’s stacks that are worth exploring as well.

The first thing that strikes a visitor to the site is either how strange, or how nostalgic it looks. The site is strikingly simple and references the first few years of the world wide web, when backgrounds were grey by default, and the width of the screen was almost always under 640 pixels. Same with the link colors, and use of (to the modern era) small icons next to the words and links. This is a version of the world wide web long gone.

However, underneath this simple exterior beats the heart of a powerful search engine and an astounding amount of processing that has analyzed millions of files to make them easy to interact with. If your area of research or interest is vintage/historical software, we’ve all been handed a top-class tool to discover long-lost files and bring them back instantly.

A Quick Reminder about CD-ROMs

From (very roughly) 1989 through to the early 2000s, CD-ROMs (and later DVD-ROMs) were one of the primary ways to transfer heaps of software or large-sized programs to end users. Instead of spending hours or literal days transferring software you may or may not have wanted after you received it, you could go to stores or on-line and purchase a plastic disc that contained between 600-700 megabytes of information on it.

The potential of this, in fact, was so strong, that there was an entire industry of providing databases, news summaries, and even all-digital magazines using this format. Booklets of CD-ROMs became resplendent, and libraries could allow patrons to check out these discs to do research with them.

Besides these more institutional compilations, an industry rose up of companies compiling software, artwork, music and more and selling them to end users. Companies with names like Walnut Creek, Wayzata, Valusoft, and Imagemagic would have catalogs of CD-ROMs to buy. Starting out with software from bulletin board systems and gathered from FTP sites, these CD-ROMs quickly ran out of easy-to-find material to fill, and an era of “shovelware” began, allowing these products to claim “thousands of files, gigabytes of materials” while pulling from more and more out-of-date sources.

As websites, torrents and other means of transport brought the era of physical media for software to a close, the world was left with a finite, contained pile of titles that had come out on CDs. And, as luck would have it, people have been uploading those out of date files to the Internet Archive for years.

The Final Piece

Therefore, sitting on the Archive, are tens of thousands of these CD-ROMs of the past. And for a very long time, it’s been possible to download a Disc image, analyze its contents, search for useful or potentially interesting items, and then find a way to make them work again.

That last piece, in fact, is the hardest – not just knowing where the files you’re looking for are located, but to be able to browse them without a massive host of helper applications scattered to the four winds. There are dozens of archive types, dozens and maybe hundreds of multimedia formats, and, even more frustrating, archives within archives – making everything that much harder to find.

DiscMaster has fixed this.

Within the search engine is the ability to find millions of files, categorized by type or size or date or extension, and then be presented them instantly. Three decades of computer software with layers upon layers of obfuscation are brought immediately to the top.

The developer wrote applications to grind through the contents of a CD-ROM and present them with previews that wouldn’t require anything but a browser to see. This can take hours to pull out of a single CD-ROM, but the results are breathtaking.

Audio and music files play in the browser. Flash, IFF, Bitmaps, Fonts and more display in preview. Macintosh, PC, Commodore, Atari and more are presented simply, without a mandate to track down the proper utility to figure out what they are.

In other words, vintage and historical software is back from the obfuscated darkness.

In the short time that Discmaster has been online, success stories are appearing. Authors are finding shareware programs they lost track of decades ago. Original versions of software that were thought impossible to track down just pop up in the search engine. And organizations dedicated to creating catalogs of now-dormant formats are suddenly handed a thousands-of-items to-do list on a silver platter.

The Philosophy of the Support Site

The ramifications and discoveries from Discmaster are going to be coming for a very long time – even if a researcher has a light memory of something they’re looking for, the search results will guide them in the right direction faster than ever before.

But beyond that, this site shows a different approach to the Internet Archive’s materials that’s worth seeing more of.

With over 100 petabytes of data, representing a mass of materials with all sorts of containers, metadata, and approaches by contributors, the Internet Archive has to be as general as possible. This generality extends to the presentation, search engine, and storage of the items.

It is a major effort to ensure the data stays secure, the metadata is searchable, and the ability to upload nearly anything results in a usable item details page.

But that’s kind of where it has to stop.

It’s asking an awful lot to both maintain an entity like this, and also design, say, a specifically-geared site for a relatively smaller set of people and needs. It can be done, but when energy and funding are limited, it’s sometimes best to stick to basics.

Discmaster shows one way it could be done. After working hard on its specific set (software from CD-ROMs), the entire site is constructed with its singular goal in mind. If it’s not obvious, the simple, almost-no-javascript and straightforward design lends itself to an entire family of browsers that run on those original machines. You’ll be able to download Amiga software through your Amiga, your Atari software to your Atari and so on. A thousand little touches and flourishes live easily on this custom experience – because it has the freedom to allow them.

Perhaps seeing Discmaster in action will encourage others to interact with the Internet Archive as a pool, a container of resources that could receive some of the powerful analysis along specific lines. If they can then be fed back to the Archive at the end, even better; but let a hundred supporting sites bloom.

Meanwhile, enjoy the history of software – it just got a lot easier to find.

The post The Rise of DISCMASTER appeared first on Internet Archive Blogs.

Friends and supporters of the Internet Archive gathered October 19 at the organization’s headquarters in San Francisco to celebrate the launch of Democracy’s Library.

Plans to collect government documents from around the world and make them easily accessible online were met with enthusiasm and endorsements. Speakers at the event expressed an urgency to preserve the public record, make valuable research discoverable, and keep the citizenry informed—all potential benefits of Democracy’s Library. 

“If we really succeed — and we have to succeed — then Democracy’s Library might become an inspiration for openness in areas that are becoming more and more closed,” said Internet Archive founder Brewster Kahle. 

The 10-year project aims to make freely available the massive volume of government publications (from the U.S. and other democracies), including books, guides, reports, surveys, laws and academic research results, which are all funded with taxpayer money, but often difficult to find. 

To kick off the project, Kahle announced the Internet Archive’s initial contributions to Democracy’s Library:

• United States .gov websites collected since 2008; 
• Crawls of the U.S. state government websites;
• Digitized microfilm and microfiche from the U.S. Government Publishing Office, NASA and other government entities;
• Crawls of government domains from 200 other countries;
• 50 million government PDF documents made into text searchable information.

It will be a collaborative effort, said Kahle, calling upon others to join in the ambitious undertaking to contribute to the online collection.

The need for Democracy’s Library

“We need Democracy’s Library. The Internet Archive’s work leading this project represents a critical step in the evolution of democracy,” said Jamie Joyce, executive director of The Society Library and emcee of the program. “Archives and libraries, as they’ve always done in the past, will continue to change in their scope, scale, and capabilities to be of critical use to society, especially democratic societies. Tonight is about witnessing another transformation.”

Although there is more data available than ever before, Joyce said, society’s knowledge management system is badly broken. Misinformation is rampant, while high quality government data is buried and scattered across different federal, state and local agencies. 

Having public material consolidated, digitized and machine readable will allow journalists, activists, and others to be better informed. It will also make democracy more transparent and accountable, as well as protect the historical documents. “We will not be able to compute in the future what we do not save today,” Joyce said.

At a time when polarized politics can put information at risk, the event highlighted the need to safeguard public data.

Gretchen Gehrke, co-founder of the Environmental Data and Governance Initiative, has been working in partnership with the Internet Archive to track changes in federal environmental websites. 

“People should be able to know about environmental issues and have a say in environmental decisions,” she said. “For the last 20 years, the majority of this information has been delivered through the web, but the right to access that information through the web is not protected.”

Gehrke described how public resources and tools related to the federal Clean Power Plan, a hallmark environmental regulation of the Obama administration, were taken down from the Environmental Protection Agency’s website under President Trump’s tenure. 

“There are no policies protecting federal website information from suppression or outright censorship,” Gehrke said. “This case serves as an example of why we need Democracy’s Library to preserve and provide continued access to these critical government documents.”

When statistics are being cited in policy debates, citizens need to be able to have access to sources of claims. For example, Sharon Hammond, chief operating officer of The Society Library, said documents related to the environmental impact of California’s Diablo Canyon power plant should be easily available. There are nearly 5 different government bodies that have some role in monitoring the plant’s ecological impact, but the agencies house the reports on their own websites. 

“Finding governmental records about public policy matters should not be a barrier to becoming an informed participant in these collective decisions,” Hammond said. “When we connect evidence directly to the claims and make that information publicly accessible as a resource, we can improve the public discourse.”

Hammond said a searchable, machine readable repository of government documents, with active links and a register of relevant government agencies, will dramatically increase meaningful access to the public’s information.

An international vision

The effort is an international one, and Canada has stepped forward as an early partner.

Canada has contributed crawls by the Library and Archives Canada of all the country’s government websites, as well as digitized microfilm and books from the Canadian Research Knowledge Network, Canadiana, and the University of Toronto.

Leslie Weir, librarian and archivist of Canada, spoke in support of the initiative. 

“We know by making our collection and work of government openly accessible, we will create a more engaged community, a community that participates in elections, school board meetings, in public consultations, and yes, even and especially in protests,” Weir said. “Access is the key to understanding. And understanding is the underpinning of democracy.”

Celebrating heroes

The festivities concluded with a tribute to Carl Malamud, recipient of the 2022 Internet Archive Hero Award. Corynne McSherry, legal director of the Electronic Frontier Foundation, presented the award. “Carl has always seen what the internet could be. He has dedicated his life to building that internet,” she said. “He is a true hero.”

Malamud said government information is more than just a good idea. “It is about the law. It is about our rulebook. It is the manual on how we, as citizens, choose to run our society. We own this manual,” he said. “We cannot honor our obligations to future generations if we cannot freely read and speak and even change that rulebook.”

Malamud urged the audience to get involved to realize the vision of Democracy’s Library and guarantee universal access to human knowledge. 

“This is our moment. We must build a distributed and interoperable internet for our global village. We must make the increase in diffusion of knowledge our mutual and everlasting mission,” Malamud said. “We must seize the means of computation and share their fruits with all the people. Let us all swim together in the ocean of knowledge.”

For more on Malamud’s career and contributions, read his profile here.

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Democracies need an educated citizenry to thrive. In the 21^st century, that means easy access to reliable information online for all. 

To meet that need, the Internet Archive is building Democracy’s Library—a free, open, online compendium of government research and publications from around the world.

“Governments have created an abundance of information and put it in the public domain, but it turns out the public can’t easily access it,” said Internet Archive founder Brewster Kahle, who is spearheading the effort to collect materials for the digital library. 

By having a wealth of public documents curated and searchable through a single interface, citizens will be able to leverage useful research, learn about the workings of their government, hold officials accountable, and be more informed voters. 

Too often, the best information on the internet is locked behind paywalls, said Kahle, who has helped create the world’s largest digital library.

“It’s time to turn that scarcity model upside down and build an internet based on abundance,” Kahle said. There is a need for equitable access to objective, historical information to balance the onslaught of misinformation online.  

Libraries have long played a vital role in collecting and preserving materials that can educate the public. This mission continues, but the collections need to include digital items to meet the needs of patrons of the internet generation today.

Over the next decade, the Internet Archive is committing to work with libraries, universities, and agencies everywhere to bring the government’s historical information online. It is inviting citizens, libraries, colleges, companies, and the Wikipedians of the world to unlock good information and weave it back into the Internet.

Democracy’s Library will be celebrated at the October 19 event, Building Democracy’s Library, in San Francisco and online. 

The project is part of Kahle’s vision to build a better Internet—one that keeps the public interest above private profit. It is based on an abundance model, in which data can be uncovered, unlocked and reused in new and different ways. 

“We know there’s an information flood, but it’s not necessarily all that good,” Kahle said. “It turns out the information on the Internet is not very deep. If you know a subject well, you find that the best information is buried or not even online.”

Democracy’s Library is a move to make governments’ massive investment in research and publications open to all. 

Kahle added: “Democracy’s Library is a stepping stone toward citizens who are more empowered and more engaged.“

The first steps of Democracy’s Library are available online at https://archive.org/details/democracys-library.

The post Introducing Democracy’s Library appeared first on Internet Archive Blogs.

Carl Malamud is a man with a mission: To make public information freely available to the public.

For more than three decades, Malamud has not just talked in theory about why government materials should be online—he has taken action to digitize and upload massive amounts of data himself. He is the reason many laws and judicial opinions, corporate filings and patents, Congressional hearings and government films are at the fingertips of the American people. 

“Our democracy, particularly today, depends on an informed citizenry, with so much misinformation and disinformation,” said Malamud, 63, founder of the nonprofit organization Public.Resource.Org. “We have to learn how our government works, what our fundamental values are, and we have to communicate that with our fellow citizens.”

Malamud is a disrupter for the public good.

His effort to unleash government data behind paywalls has put him at odds with many trying to profit from dispensing public records. Yet in case after case, Malamud is winning and adding to the body of open knowledge freely available online.

In recognition of his relentless work on behalf of the public interest, Malamud has been honored with the 2022 Internet Archive Hero Award.

The annual award is given to those who have exhibited leadership in making information available for digital learners all over the world. Previous recipients have included copyright expert Michelle Wu, librarians Kanta Kapoor and Lisa Radha Vohra, the Biodiversity Heritage Library, and the Grateful Dead. His contributions will be celebrated the evening of October 19 at the Internet Archive’s Building Democracy’s Library event.

“Carl has spent his career getting public access to the public domain, bringing government information to everyone with no restrictions,” said Internet Archive founder Brewster Kahle. “He’s been unwavering in his vision, seeing how the works of governments can be leveraged by everyone using this digital technology.”

Although he’s not in the civil service, Kahle said Malamud acts as a civil servant. He sides with advancing the public interest over corporate profits, and has been a pioneer in how to operate a nonprofit in the internet space. Malamud’s tenacity and drive is at the essence of what it means to be a hero, said Kahle: “Somebody who puts themselves at risk or in harm’s way to get their vision built.”

Early work

After studying the convergence of computers and communication in college, Malamud went to Washington, D.C., to work in public policy. Malamud developed an expertise in databases, networking, and technology to broadcast audio and video over the internet. In 1993, he started the nonprofit Internet Multicasting Service and ran the first radio station on the internet out of an office in the National Press Building. (An archive of his broadcasts from 1993-95 are available here.) 

One of Malamud’s early projects was putting corporate information from the U.S. Securities and Exchange Commission — the Electronic Data Gathering, Analysis, and Retrieval system (EDGAR) online. This allowed investors, journalists and citizens to download information about SEC filings for free, rather than pay a fee to a private company.

The work was funded with a grant from the National Science Foundation, and with money left over from the project, Malamud put the databases from the U.S. Patent Office online. In each instance, Malamud had to first purchase the database from.

“I got a grant from the American people, to buy the data from the American people, so I could give it back to the American people,” said Malamud, who often uses such plain language in his arguments for unlocking information into the public realm.

Demonstrating by doing

Getting the SEC data online was a seminal event, said Tim O’Reilly, founder of O’Reilly Media, noting he and others were inspired by Malamud’s fearless “hacktivism” approach. “It was the beginning of the open government data movement,” he said. “I’ve always called Carl an unsung hero ever since that, because he’s the guy who started it all in motion.”

Faced with pushback from entities that say it’s too hard or it will take too long to put information online, Malamud moves forward and demonstrates it can be done affordably—and the public will use it. It was Malamud who set up the first internet demonstration in the White House during Bill Clinton’s presidency. He advised the administration, and others that followed, on technology policy and identified opportunities to make government records available online—and demonstrated it’s possible.

“Carl has an unwavering commitment to the core principle that citizens should have access to the law and to government documents….and he’s establishing an important legal precedent,” said Tom Kalil, former White House aide to President Clinton and President Obama. “He’s not just a public intellectual writing op-eds, but actually getting things done.’

A passion for changing systems

Malamud has also been a prolific writer. He is the author of nine books, including “Exploring the Internet,” all composed in long hand on paper. 

His writing caught the eye of John Podesta in the early 1990s, who was working for President Clinton and figuring out how to move from paper to digital archiving.

“Carl and I had a passion for [the idea] that public records should be public and electronic records should be preserved,” said Podesta. “Carl was both a pioneer and advocate for the power of the net as a democratic tool.”

Podesta said Malamud was a force on Capitol Hill trying to shape legislation, and when he started the Center for American Progress, in 2003, Podesta hired Malamud to be chief technology officer of the progressive think tank. “Carl is friendly and funny, but what really makes him effective is that he’s dogged and passionate. He wears that on his sleeve,” Podesta said. “He just gets right to the point, and I really admire that in him.”

From pushing for access to material from the Smithsonian Institution to the House of Representatives , Podesta said his single-handed influence is clear. “He’s really changed systems,” Podesta said. “He just won’t accept the status quo.”

Podesta said Malamud has had the most impact going right to the source of the data, trying to convince the entities to put information in the public domain.

“It’s extremely valuable in a democracy to make sure that people have not just theoretical access, but real access,” to information, Podesta said. “Oftentimes, the burdens are either bureaucracy or ridiculous charges to get public documents. No one challenges that, but Carl does.”

A battle for the ages 

In 2007, Malamud started Public.Resource.Org, based in Sonoma County, California. He has 18 people on contract and numerous collaborators, and works with a dozen pro bono law firms to advance the mission of the nonprofit. The organization operates with a grant from Arcadia (a charitable trust of Lisbet Rausing and Peter Baldwin) and donations from individuals. He appeals to players across the political spectrum with a variety of tactics: writing letters, making speeches, talking to officials in person, and, when necessary, filing lawsuits to challenge claims of copyright.

Recently, Malamud had a big win with a U.S. Supreme Court case (Georgia v. Public.Resource.Org) after he posted the Official Code of Georgia and was sued for copyright violations—a decision that has had a ripple effect across the country. For nearly a decade, he’s been embroiled in a legal fight to put building, electrical and other public safety codes with the force of law online.

“I look for things that should be available and are not,” Malamud said, then simply lays out why information should be free with clear, defensible reasons. “You have to have a story that makes sense.”

Malamud has worked at this cause like no one else, determined to make sure the public realizes what’s at stake when powerful people are concealing the world of knowledge, said David Halperin, a Washington, D.C., attorney. Halperin was with the Clinton administration and has been counsel to Public.Resource.Org since 2012. “He puts it on them to have to explain why their special interests are more important than global progress and democracy,” he said.

Halperin said Malamud is effective because he is relentless and shares his infectious love of democracy. “And, he is willing to be the person who, when everyone else says, ‘Shut up and get along,’ says: ‘No, this still isn’t right. I’m not going to be cuddly here. It’s time for me to be the moral voice, to be the energy in the room that says, Okay, everyone else may now feel it’s time to be collegial. I feel like it’s time to be just.’”

Corynne McSherry, legal director at the Electronic Frontier Foundation, has represented Malamud in several cases and said he knows how to adjust his strategy to persuade others and be creative in his messaging.

“He tries to help people understand what it is he’s up to, because it’s not always clear to everybody,” McSherry said. “When you can’t see the world that the person is building towards, that person has to imagine it for you—and that’s the thing he does.”

Since Malamud was involved in the early days of the internet, he embraced the potential promise of the technology to open up knowledge, McSherry said.

 “We live in a nation of rules, and we should have the ability to actually know what they are,” McSherry said, although for a long time those rules were only available to experts with special access. “That changed. Pulling our governmental structures and all our laws into the 21st century is not a small task, but that’s what Malamud took on.”

Drawing inspiration from history

To make his case in the court of public opinion, Malamud has used humor and tapped into his artistic side. He produced a video about making building and electrical codes open, “Show Me The Manual,” and a short movie about his philosophy, “Open Access Ninja.” He speaks at conferences and universities, tailoring his message to attorneys, government workers, students, or fellow open advocates to advance his cause. The Internet Archive hosts a collection of his videos, texts and other materials online, as well as FedFlix, which includes government films Malamud uploaded and curated.

Malamud has expanded his efforts internationally, working with organizations in India to scan government and cultural information. His Public Library of India collections on the Internet Archive are some of the most popular India resources on the net.He’s become an Indian food expert, of sorts, too, said McSherry, and often expresses his gratitude to her and other attorneys working on his behalf by gifting them with Indian spices.

Since he began working in this space, Malamud said he’s encouraged to see more forward thinking about open data. Still, barriers exist. Most often, he said, he’s up against money and control. While Malamud said he’s making inroads in the power struggle, he said it’s “sort of Whack-A-Mole” with every win followed by another challenge popping up.

When he needs a little inspiration himself, Malamud said he reads from his library of writings from early American feminists and civil rights leaders. Sometimes he quotes Martin Luther King Jr. (“Change only comes with continuous struggle”) or Gandhi (“A public worker has to learn to endure with fortitude.’) 

A recurring lesson he’s gleaned from others in history who had fought against the establishment: “You can, in fact, change the way the world works—but you have to be patient. It takes time.”

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What are some of the new initiatives from the U.S. Government Publishing Office? Director Hugh Halpern offers an update, which has been incorporated into our program for tonight’s Building Democracy’s Library event.

Many thanks to Director Halpern and the U.S. Government Publishing Office for sharing this update!

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It’s been over two years since a group of large book publishers sued the Internet Archive over our lending programs. After an expensive and lengthy discovery phase, arguments have now been fully briefed in the district court. What might we learn from the proceedings so far about how publishers see the future of libraries?

The first thing we might learn is that the publishers want controlled digital lending declared illegal. At the time the lawsuit against us was filed, much of the commentary and analysis suggested that the case was really about the National Emergency Library–our emergency pandemic lending program. But while the NEL is certainly a part of the lawsuit, it did not take center stage in the briefing. In the publisher’s request for summary judgment, for example, only a few short paragraphs–out of about forty pages of argument–were devoted to the NEL. Of all the submissions, about 99% have concerned CDL. So it seems clear that the publishers view this lawsuit as a referendum on CDL, which they claim will cause “catastrophic harm” to the publishing industry.

A second thing this lawsuit has demonstrated is that publishers will continue to sue libraries over digital practices that were long considered fair uses in the physical world–even if they are done on a non-profit basis with no measurable economic harm. In the case against us, the publishers argue that digital lending harms markets they claim to own–and that it therefore is not a fair use under copyright law–under “the common sense economic principle that users are drawn to free goods as a substitute for paid goods.” Put another way, in the digital realm, every non-fee-paying library practice harms the publishers’ economic interests as a matter of principle–regardless of libraries’ historic practices and their previously-accepted roles, let alone what tangible economic evidence shows. In the digital world, where publishers have newfound abilities to surveil and control libraries and their patrons, the publishers argue that the economic opportunities these abilities open to them trump longstanding library practices and the public interest. Thus, they sued over digital course reserves, and are now suing over digital lending, notwithstanding a “thriving” and profitable industry. What library practice will they challenge next?

For many of us, the internet promised a world where libraries and their patrons would have more and better access to high quality information. For these publishers, it’s simply an opportunity to charge more while providing less. In the CDL lawsuit, they have admitted that of the millions of books we have digitized, they themselves have only made about 33,000 available to libraries; only about 1% of what we have done, and only under restrictive and expensive license agreements. This is, they claim, the essence of their copyright rights: the ability to restrict access to information as they see fit, to further their theoretical economic interests, without regard to libraries traditional functions and the greater public good. 

The good news is that many in the library community and beyond–including authors, small publishers, and patrons themselves–are seeing with clear eyes what is truly at stake. And they are seeing that, unfortunately, libraries and their supporters cannot just sit idly by–they will have to fight back. Indeed, that work has long since begun. In an extraordinary show of support–and recognition of what’s at stake–groups of librarians, scholars, and many others submitted friend of the court briefs in the publishers’ lawsuit against us. In these briefs, they demonstrated (among other things) the importance of libraries in the digital world. As the brief of Kenneth Crews, Kevin Smith, and the Harvard Law School Cyberlaw Clinic explained:

“To remain relevant and to continue to democratize information access, libraries must meet patrons where they are; in the present day, that means the Internet. Libraries have nurtured our democracy from its inception and have changed alongside our society–evolving from private subscription models serving only the elite to free institutions that enrich citizens without regard to race, creed, gender, or socioeconomic status. As a cornerstone of democracies, libraries will always be the site of cultural struggle and ‘a crucible for a society that is constantly  moving toward a more perfect union.’”

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This year’s Library Leaders Forum kicked off on October 12 with news of promising research, digitization projects and advocacy efforts designed to best shape the library of the future.

The virtual gathering also called on participants to take action in sharing resources and promoting a variety of public interest initiatives underway in the library community.

Watch session recording:

Chris Freeland, director of Open Libraries, moderated the first event of the 2022 forum with librarians, policy experts, publishers and authors. (A complete recording of the virtual session is available here) The second session will take place Oct. 19, live in San Francisco and via Zoom starting at 7 p.m. PT. (Registration is still open).

Libraries have a vital role to play in educating citizens, combating misinformation and preserving materials that the public can use to hold officials accountable. To help meet those challenges, Internet Archive Founder Brewster Kahle gave a preview of a new project: Democracy’s Library. The vision is to establish a free, open, online compendium of government research and publications from around the world.

“We have the big opportunity to help inform users of the internet and bring as good information to them as possible to help them understand their world,” said Kahle, who will launch the initiative next week and invited others to join in the effort. “We need your input and partnership.”

The virtual forum covered the latest on Controlled Digital Lending (CDL), the library practice that is growing in popularity in the wake of pandemic closures when physical collections were unavailable to the public. Freeland announced the 90^th library recently joined the Open Libraries program, which embraces CDL as the digital equivalent of traditional library lending, allowing patrons to borrow one copy at a time of a title the library owns.

As librarians look for ways of safeguarding digital books, Readium LCP was highlighted as a promising, open source technology gaining popularity. Participants were encouraged in this same space to spread the word about the advocacy work of the nonprofit Library Futures, and recognize many authors who have recently offered public support for libraries, CDL and digital ownership of books.

Lila Bailey reported on an emerging coalition of nonprofits working on a policy agenda to build a better internet centered on public interest values. A forthcoming paper will outline four digital library rights that without which it would be impossible to function in the 21^st century. They include the right to collect, preserve, lend and access material. This encouraging collaboration is the result of two convenings earlier this year, including one in Washington, D.C. in July.

CDL Community of Practice

A panel at the forum discussed projects within the CDL community of practice.

Nettie Lagace of the National Information Standards Organization gave an update on an initiative, funded by the Mellon Foundation, to create a consensus framework and recommendations on CDL. Working groups are focused now on considering digital objects, circulation and reserves, interlibrary loans and asset sharing. Public comments on the draft will be welcome in the coming months, with a final document likely released next summer.

Amanda Wakaruk a copyright and scholarly communications librarian at the University of Alberta, announced a new paper exploring the legal considerations of CDL for Canadian libraries. She is one of the co-authors on the research, along with others in the Canadian Federation of Library Associations. The preprint is available now and the final paper will be published soon in the journal, Partnership: The Canadian Journal of Library and Information Practice and Research.

Working with Project ReShare, the Boston Library Consortium is leveraging CDL as a mechanism for interlibrary loan. “BLC really believes that CDL is an extension of existing resource sharing practices, both in the legal sense–the same protections and opportunities afforded to interlibrary loan also apply to CDL,” said Charlie Bartow, executive director, “but, also in a services sense–that existing resource sharing systems and practices can be readily adapted to include CDL.”

Also, speaking in the session was Caltech’s Mike Hucka. He described efforts on his campus to provide students with learning materials when the pandemic hit by creating a simple model they named the Digital Borrowing System (DIBS).

In Canada, a large digitization project is underway at the University of Toronto, where 40,000 titles in the library’s government collection are being scanned and made available online for easier public access.

Take action

In the final segment, Freeland announced that Carl Malamud is the recipient of the 2022 Internet Archive Hero Award for his dedication in making government information accessible to all. Malamud will receive the Hero Award onstage at next week’s evening celebration, “Building Democracy’s Library.”

Freeland concluded the event with a final call to action: To join the #OwnBooks campaign. People are encouraged to take a photo of themselves holding a book they own that has special meaning, perhaps something that has influenced their career path or has sentimental value. As the Internet Archive fights for the right for libraries to own books, this is a chance to bring attention to the issue and build public support.

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