Showing posts with label 1st sale doctrine. Show all posts
Showing posts with label 1st sale doctrine. Show all posts

Tuesday, March 31, 2026

I broke up with my Kindle. My new e-reader treats me better.; The Washington Post, March 31, 2026

 , The Washington Post; I broke up with my Kindle. My new e-reader treats me better.

After Amazon’s Kindle removed my ability to download and back up my own e-books, I went in search of an alternative.


"As corporate walled gardens have replaced the freewheeling, open internet of the 1990s and 2000s, we’ve ceded control over almost everything about our online experience. Nearly every keystroke, swipe and tap is now monitored, recorded and analyzed for potential profit.


The Kindle ecosystem is perhaps the apotheosis of this shift. One Guardian reporter found Amazon had recorded every title, highlight and page turn on her Kindle app (40,000 entries over two years). The company’s dominance sets the terms for everyone in the marketplace.


Including me. Like tens of millions of others, I have owned a Kindle (a Paperwhite). Last year, it started to feel as if it owned me. The final straw was when Kindle removed my ability to download and back up my own e-books. So I went in search of an alternative.


I bought a Kobo.


Was it the bibliophile Eden some Kobo fans described? Not quite. The reality was messier than I expected. It turns out we can’t escape Big Brother on our e-readers just yet. But a more open society is coming into view for book lovers — and perhaps all of us.


Here’s how to turn the page."

Thursday, August 28, 2025

Think you actually own all those movies you’ve been buying digitally? Think again; The Guardian, August 27, 2025

 , The Guardian; Think you actually own all those movies you’ve been buying digitally? Think again


[Kip Currier: This article underscores why the First Sale Doctrine (Section 109a) of the U.S. Copyright Statute is such a boon for consumers and public libraries: when you (or a library) buy a physical book, you actually do own that physical book (though the copyright to that book remains with the copyright holder, which is an important distinction to remember).

The First Sale Doctrine is what enables a library to purchase physical books and then lend them to as many borrowers as it wants. Not so for digital books, which are generally licensed by publishers to users and libraries who pay for licenses to those digital books.

The bottom line: You as a digital content licensee only retain access to the digital items you license, so long as the holder of that license -- the licensor -- says you may have access to its licensed content.

This distinction between physical and digital content has put great pressure on library budgets to provide users with access to electronic resources, while libraries face ever-increasing fees from licensors. This fiscally-fraught environment has been exacerbated by Trump 2.0's dismantling of IMLS (Institute of Museum and Library Services) grants that supported the licensing of ebooks and audiobooks by libraries. Some states have said "enough" and are attempting to rebalance what some see as an unequal power dynamic between publishers and libraries/users. See "Libraries Pay More for E-Books. Some States Want to Change That. Proposed legislation would pressure publishers to adjust borrowing limits and find other ways to widen access." New York Times (July 16, 2025)]


[Excerpt]

"Regardless of whether the lawsuit is ultimately successful, it speaks to a real problem in an age when people access films, television series, music and video games through fickle online platforms: impermanence. The advent of streaming promised a world of digital riches in which we could access libraries of our favorite content whenever we wanted. It hasn’t exactly worked out that way...

The problem is that you aren’t downloading the movie, to own and watch forever; you’re just getting access to it on Amazon’s servers – a right that only lasts as long as Amazon also has access to the film, which depends on capricious licensing agreements that vary from title to title. A month or five years from now, that license may expire – and the movie will disappear from your Amazon library. Yet the $14.99 you paid does not reappear in your pocket."

Thursday, December 6, 2018

Controlled Digital Lending Concept Gains Ground; Library Journal, November 15, 2018

Matt Enis, Library Journal; Controlled Digital Lending Concept Gains Ground

"A White Paper on Controlled Digital Lending of Library Books, by Courtney and coauthor David R. Hansen, associate university librarian for Research, Collections and Scholarly Communications, Duke University Libraries, was written in support of the position statement, and delves further into “the legal and policy rationales for the [CDL] process…as well as a variety of risk factors and practical considerations that can guide libraries seeking to implement such lending…. Our goal is to help libraries and their lawyers become more comfortable with the concept by more fully explaining the legal rationale for controlled digital lending, as well as situations in which this rationale is the strongest.”

The white paper notes that the Internet Archive’s “CDL-like” system has been in operation for eight years, and that the Georgetown Law Library operates a CDL service. But for the library field, the concept is still relatively new.

“This is how things start,” said [Kyle K. ] Courtney [copyright advisor for Harvard University]. “You put out a position statement, you back it up with a white paper, and you see the conversations that happen.” As libraries establish programs and platforms, use cases and best practices begin to emerge."