Issue 06/04
March 15, 2004
Paula Kaufman, University Librarian, Editor



The DMCA does not protect databases, according to U.S. District Judge Naomi Buchwald. Inquiry Management Systems accused Berkshire Information Systems of violating the DMCA by downloading information from its database. Buchwald is allowing the case to proceed, however, because Berkshire may have violated the Computer Fraud and Abuse Act. The case could have expanded protection for database holders if Buchwald had upheld the DMCA claims. Corante - Tech News: February 27, 2004 2/26/04



There's good news for libraries on the database legislation front. After the House Judiciary Committee's favorable referral (see LJ Academic Newswire 11/4/03 ), the Database and Collections of Information Misappropriation Act has stalled. The House Energy and Commerce Committee last week gave the bill an "unfavorable" recommendation. In opposing the database legislation, Rep. Cliff Stearns (R-FL) echoed concerns sounded by the library community, acknowledging the bill could "put a chill on the use of information because of the fear of litigation." The library community has argued that there is no need for the legislation because current laws already offer sufficient remedies for companies whose products are infringed upon. Stearns and 18 co-sponsors then introduced a new, narrower version of database protection legislation, the Consumer Access to Information Act of 2004. Stearns's bill would only cover a narrow range of publishers, such as those publishing highly time-sensitive information, and would leave enforcement to the Federal Trade Commission (FTC.) In an email message, the ALA Washington Office said the introduction of Stearns's bill was "a positive political step" for libraries, "because it continues to emphasize the fundamental rift between the stakeholders and will likely make it more difficult for any bill to pass this year." Indeed, since the bill likely will be considered insufficient by those pushing for more aggressive database legislation, that could mean neither bill will be moved on—a clear victory for libraries. Database legislation has been pushed since the mid-1990s by large information aggregators, including Reed Elsevier and Thomson Corp., in theory to protect their products against rivals who would re-purpose information they have collected and assembled. Library Journal Academic News Wire: March 09, 2004



The Committee for Economic Development, which has long history as a policy setter in the world of business and economics, reports that efforts by music, movie and television industries to enact tough new laws to protect copyrighted materials from online piracy would hurt business and economy by upsetting the balance between rights of content creators and rights of public; one author of study says business leaders are worried that trends toward equating intellectual property with physical property might be hampering innovation. New York Times 3/1/04



Borders Group joins Random House and Barnes & Noble in branching into self-publishing using print-on-demand technology (POD), which permits production of one copy of a book or as many as needed to meet demand; Borders works with Xlibris, one of a big three in POD self-publishing, along with 1stBooks and iUniverse; $199 will buy production of 10 paperback copies, and $499 will get a book an International Standard Book Number, a listing on and room for five copies on the shelf at Borders's Philadelphia store; marketing, promotion and publicity options are either bundled into package or sold separately as add-ons. New York Times 3/1/04



Last December, some 50 representatives from across the Committee on Institutional Cooperation (CIC), including colleagues from national education organizations, scholarly societies, libraries, and university presses, gathered to consider acting upon a recommendation from the Modern Language Association (MLA) to cease relying on the book as the standard for promotion and tenure in the humanities and social sciences. Pre-meeting research, funded by the Andrew W. Mellon Foundation, and subsequent discussion at the summit revealed that although the MLA report raises important questions, the experience of the faculty in the CIC universities is quite different with respect to scholarly monographs, and therefore a change in promotion and tenure is not warranted. However, virtually all participants agreed on specific action steps that may help CIC institutions influence the development of new systems of scholarly communication that are responsive to the needs of the academy. Read the report at



After a wild period of acquisitions, British publishing giant Taylor & Francis has announced its biggest move yet—a plan to merge with British trade publisher Informa Group. T&F officials recently unveiled the broad strokes of an all-stock deal that will create a new publishing conglomerate with combined revenues of over $1 billion annually. In a news release, T&F officials said the merger would reduce expenses and give the combined company more capital with which to invest further into growth opportunities and acquisitions. The U.K.-based Informa Group is a major professional publisher, with a range of subscription-based products in fields ranging from law to biomedical and pharmaceutical information. In announcing the merger, analysts who put together the deal noted natural synergies with Taylor & Francis's academic and scientific publishing ventures. The merger is the largest play yet for T&F in a string of major plays. Most recently, T&F acquired Marcel Dekker for $138.6 million (see LJ Academic Newswire 11/20/03 ). Since acquiring Routledge in 1998, T&F has been on something of a shopping spree. Prior to its acquisition of Dekker, the company had also spent roughly $275 million in acquiring Swets & Zeitlinger Publishers, CRC Press, and Frank Cass. At the time, T&F CEO David Smith said the deals were part of a strategy that would strengthen T&F's footprint in the increasingly consolidated STM market. It also now appears to have enabled a merger that will create a major new publishing conglomerate. The merger also comes at a most interesting time, just as the British House of Commons begins hearings on the health of the STM publishing business. The Informa/T&F merger will be subject to British Office of Fair Trading approval. That approval, according to reports, is considered to be nearly automatic. Library Journal Academic News Wire: March 04, 2004



“Ask serious, long-time researchers to name the most valuable benefit of Web access and they'll cite the ability to search the content of books, periodicals, newsletters, and newspapers. Such access has eliminated untold hours of paging through hardcopies and greatly enhanced information gathering. Of the categories of text publications made available online, books have lagged behind magazines and newspapers in full-text availability....Publishers currently collaborating in this project will be adding more books, and reports inquiries from dozens more publishers. This is the result of an increase in sales brought about by the search tool. The company has tracked a 9 percent increase in sales of books included in the 'Search Inside' database....Even with its limitations, for researchers, this new 'selling tool' stands alone as a truly invaluable information resource." Open Access News 3/3/04



Scholarly publishers' plight under trade embargoes has captured the attention of a Congressman. Rep. Howard L. Berman, a California Democrat, wrote to the U.S. Treasury Department on recently decrying its position that simple editing represents a prohibited service to authors in embargoed countries. Mr. Berman urged the director of the department's Office of Foreign Assets Control to reconsider the decision to require a special license for editing papers written by authors in Cuba , Iran , Libya , and Sudan . Mr. Berman is the author of an amendment to the Omnibus Trade and Competitiveness Act of 1988 that exempted "information and informational materials" from economic embargoes. But the foreign-assets-control office, known as OFAC, subsequently took a stricter view, exempting only "information and informational materials" that had been "fully created" by people in the embargoed countries and had received no "substantive or artistic alteration or enhancement" in the United States . In September, OFAC ruled that a special license would be required for "activities such as the reordering of paragraphs or sentences, correction of syntax, grammar, and replacement of inappropriate words by U.S. persons." As a result, some scientific and engineering publishers have stopped publishing papers written by authors in the embargoed countries, and others are publishing papers that pass peer review without editing them. Many publishers are ignoring OFAC's rulings, but at some risk: Violators can incur fines as high as $500,000 and sentences of up to 10 years in jail.



The print on demand business—the big guys and maybe even the small timers—may have to pay millions to the estate of a St. Louis inventor. Beyond a settlement, PODers might even have to pay a five-percent licensing fee in many cases on manufacturing costs if this unfortunate decision sticks. That's hardly glad tidings for POD customers, either, of course. In an item headlined "Jury Rocks POD World," the Publishers Lunch newsletter reports that the future course of nearly everything involving print-on-demand-based creation and selling of books is subject to potential change as the result of a jury verdict announced recently in a St. Louis federal district court. The jury found that Lightning Source both infringed and induced the infringement of the 1995 Ross patent held by the On Demand Machine Corporation, and that also infringed the patent. The total award was $15 million. Lightning Source, Ingram Industries, and Amazon were all judged to have infringed willfully as well, which reportedly means that the judge will now decide whether to increase the damages as a result. (By Lightning's own count, they have manufactured somewhat over 10 million books.) Issued in late 1995 to Harvey Ross (who died three years ago), the patent covers a "System and method of manufacturing a single book copy." According to a U.S. Patent Office abstract, "A computer based book manufacturing, distributing and retailing system for the high speed reproduction of a single copy of a book is disclosed. The system is especially adapted for direct consumer sales since the manufacture of a selected book can take place at the point of sale. A master module includes a computer having a database of books to be selected, the books preferably being stored in a digital book-description format." Expert witness for the defense Ken Brooks, president of Publishing Dimensions, says that the ruling could apply to "Anyone ordering a print-on-demand book." Brooks predicts that, "It's going to have very significant impact within the industry. I think most people are viewing it as being Lightning Source's problem, or the printer's problem, or Baker & Taylor's problem." But with patent licensing fees being proposed by On Demand Machine at approximately 5 percent of manufacturing cost, Brooks expects that "This will be the excuse to drive a general 5% increase" almost immediately. Certainly "Publishers should expect a price increase, and should expect that that will indemnify and cover them." TeleRead 3/04/04


SCIENTOMETRIC WARS reports that Elsevier is developing Scopus , an online STM bibliographic database service, due for release in Q4 2004, which will compete head-on with Thomson ISI's Web of Science . Elsevier is making the site available for free until May in return for intensive feedback on usability. It will offer access to an estimated 80% of peer-reviewed scientific literature, and lay claim to being the world's largest scientific, technical, medical and social science database (although ISI Web of Science , with back files to 1945 and 8,500 journals, will dispute such claims). Open Access News 3/8/04



The company that compiles highly influential databases on the use of scholarly papers in print has decided to gather similar information on scholarly works that are disseminated solely online, often without peer review. The tool could prove a boon to the distribution of scholarship in cyberspace. Thomson ISI announced last month that it would create the Web Citation Index . The database will list which scholarly works have cited particular papers published online, said James Pringle, vice president for development. It also will track citations of traditionally published works by online papers, but it will remain separate from the company's database of citations of peer-reviewed journals. The new database will be tested this year, and the company plans to sell full access to it in 2005, Mr. Pringle said. Citation rates of papers in printed journals, as compiled by Thomson ISI in products such as its World of Science database, play an important role in promotion and tenure decisions, particularly in the sciences. Colleges frequently evaluate scholars in terms of how often their work is cited and whether they have published it in journals that are highly cited in general. Some departments have gone as far as to tout the collective "impact factors" of their faculty members, and college libraries have used the citation statistics in deciding on whether to subscribe to expensive scholarly journals. However, scholars have complained that the lack of similar information about citations of online papers has discouraged them and their colleagues from disseminating their papers online, whether on Web sites and preprint servers or in repositories of papers that have not yet been peer-reviewed. Chronicle Daily 3/12/04



All big media was born from piracy, says Larry Lessig in this Wired excerpt from his new book. Lessig points out that the Hollywood film industry was built by fleeing pirates. Creators and directors migrated from the East Coast to California in the early 20th century in part to escape controls that film patents granted the inventor Thomas Edison. These controls were exercised through the Motion Pictures Patents Company, a monopoly "trust" based on Edison 's creative property and formed to vigorously protect his patent rights. So, consistent with the tradition that gave us Hollywood, radio, the music industry, and cable TV, the question we should be asking about file-sharing is how best to preserve its benefits while minimizing (to the extent possible) the wrongful harm it causes artists." Corante Technology news 3/8/04 Wired 3/4/04



Stanford Law School 's Lawrence Lessig, one of the world's most widely admired intellectual property theorists, is blaming himself for blowing the oral argument in Eldred v. Ashcroft – the U.S. Supreme Court's most important copyright decision in decades. The Court was asked to decide whether copyright terms could be lengthened to the life of the author plus 70 years. A fortune was at stake for outfits such as Walt Disney, which was in danger of losing Mickey Mouse to the public domain in 2003.

Representing a broad coalition of interest groups worried that the act would retard innovation, Lessig argued that the law was inconsistent with other High Court precedents. In a landmark 7-2 decision in January 2003, the Justices disagreed. In the upcoming issue of Legal Affairs, Lessig writes “This case could have been won…my own mistake lost it.” Lessig blames himself for raising theoretical arguments rather than discussing the practical consequences of the case, as others on his legal team had suggested. Business Week, 3/15/04



Concentrating on the issue of how developing-country scientists can access the latest scientific research, this quick guide by offers an insight into the discussions on this controversial topic and gives an overview of new initiatives to make science literature more accessible. Packed with news, features and opinions as well as updated background resources including key documents, links, definitions and events, the quick guide on science publishing aims to keep you up-to-date on the latest developments. The guide includes the following specially commissioned articles for SciDev.Net:

1) David Dickson, director of SciDev.Net, gives an overview of the different approaches being taken to increase access to the latest scientific literature for developing-country researchers.


2) Subbiah Arunachalam, a distinguished fellow at the M S Swaminathan Research Foundation, Chennai , India , argues that the best way to make scientific research more available worldwide is to encourage scientists to self-archive their research.

3) Helen J. Doyle of the Public Library of Science calls on scientists, research funders and others to support the open-access movement and help increase access to scientific information across the globe.

SPAR OAI Forum 3/8/04



The next generation of deep-web search engines will give the public what it needs and deserves but has not been getting: free online access to government documents, writes Alex Wright in a recent issue of Salon . " 'The U.S. Government Printing Office has the mandate of making the documents of the democracy available to everyone for free,' says Tim Bray, CTO of Antarctica Systems. 'But the poor guys have no control over the pstream data flow that lands in their laps.' The result: a sprawling pastiche of databases, unevenly tagged, independently owned and operated, with none of it searchable in a single authoritative place. If deep Web search engines can penetrate the sprawling mass of government output, they will give the electorate a powerful lens into the public record. And in a world where we can Google our dates, why shouldn't we expect that kind of visibility into our government?" Deep-web search engines are also opening access to research literature. "For example, when gene researchers identify a new DNA sequence, they usually submit the sequence to the National Institutes of Health's GenBank—a public deep Web resource—before submitting it to journals for publication." Wright also gives a mini-picture of the OA movement apart from any connection to deep-web search engines. Finally, on a very different front, search engine relevance algorithms provide a quality filter that challenges some of the traditional functions of peer review. "And as more scholarship finds its way onto the Web, page-ranking algorithms are also providing an alternative quality rating system to the traditional scholarly peer review that journals have always employed....While page ranking won't replace the scholarly review process anytime soon, the expansion of public Web search engines will put downward pressure on the premium that publishers can command. 'I don't think [page ranking] is more reliable,' says [Peter] Lyman [professor of Information Management and Systems at Berkeley ], 'but I do think it's perceived as legitimate. The cost of creating formally quality-controlled information may drive people to consider lower-cost alternatives.' " Open Access News 3/9/04



A federal judge ruled that the music industry cannot sue over 200 alleged file sharers in one swoop and that the companies must sue each defendant individually. The Recording Industry Association of America grouped 203 so-called "John Doe" defendants—"John Doe" because their identities are not yet known—into one lawsuit when it sued them in federal court in Philadelphia last month. Daily News 3/9/04,1412,62576,00.html



In a landmark ruling, the Canadian Supreme Court has ruled that a Canadian law library was not guilty of infringement because it provided copies and fax transmissions of documents, and offered copiers for patron self service. The case, CCH Canadian Ltd. v. Law Society of Upper Canada , dates back to 1993, when a group of law publishers filed suit against the library, seeking damages for thousands of "unauthorized" copies. A lower Canadian court initially found that the Law Society had infringed copyright in certain works. On appeal, however, Canada 's High Court overruled the lower court. In its unanimous decision, the court affirmed that "the Law Society does not infringe copyright when a single copy of a reported decision, case summary, statute, regulation or limited selection of text from a treatise is made by the Great Library in accordance with its access policy." Michael Geist, a law professor at the University of Ottawa, told the TORONTO GLOBE AND MAIL that the ruling was the "most important copyright law we have had in Canada in years" and had the potential to impact "every aspect" of copyright. The court held that "research must be given a large and liberal interpretation" in order to ensure that users' rights are not unduly constrained. In a significant portion of the ruling, the Court also found that the Law Society "did not authorize copyright infringement by providing self-service photocopiers for use by its patrons in the Great Library." That language, Geist told reporters, could enable everything from file-sharing technologies to DVD copying technology to flourish in Canada . In the U.S. , under the Digital Millennium Copyright Act (DMCA), selling a product that enables alleged illegal copying, even if it also has non-infringing applications, such as Napster, can be construed as contributory infringement. Although the decision in Canada has no effect on U.S. law, it could provide ammunition for those who say U.S. copyright law has become dangerously out of balance. Library Journal Academic News Wire: March 09, 2004


CD-roms pretty much killed the paper encyclopedia, and the Internet is close to finishing off even disk-based encyclopedias, according to this AP story. As former Britannica CEO Joe Esposito puts it, "The Internet was really the fifth nail that was driven into the coffin - not the first." As for the current state of the market, they say that, "The shrunken reference powers that survived the shakeout - namely Britannica, World Book, and Grolier, the maker of Encyclopedia Americana now owned by Scholastic Library Publishing - have now retooled to focus more on online products. Voluminous sets are still printed, but mostly only for institutions. The encyclopedia companies are also targeting consumers with more concise and less expensive reference books." The broader—and far more profound—trend for contemplation is that an entire generation is learning that the way to get information is to use your computer and the Internet. One California mother says, "The kids are so computer literate, that it would seem almost foreign to them to use a book." Publishers Lunch 3/9/04



A new Web site commissioned by ARL and the Information Access Alliance documents mergers and acquisitions in academic publishing. "The Academic Publishing Industry: A Story of Merger and Acquisition" was developed by Mary H. Munroe, Associate Dean, Collections and Technical Services at Northern Illinois University . Ms. Munroe, formerly a business librarian, has published work previously about mergers, including "Which Way Is Up? The Publishing Industry Merges Its Way into the Twenty-First Century" ( Library Administration & Management , 14, no. 2 (spring 2000): 70-78). The site can be found at and links are provided from the ARL scholarly communication site and the IAA Web site. Please contact Mary Case with any questions or comments. February 2004 E-News for ARL Directors



Last week, Britain's leading commercial scientific publishers, most of whom follow the traditional publishing model of requiring readers to pay to access content, lambasted the open-access model for lacking financial viability, and for threatening the integrity of the world's leading journals...But Harold Varmus, co-founder of the Public Library of Science (PLoS), an open-access publisher and advocacy group, told the committee yesterday that such arguments were 'completely false'. 'We have reviewers who [determine] what is accepted [in the journal],' he said, adding that the processes of peer review and editing scientific papers remain constant, however their costs are covered. 'We, as a publication, want our journals to be high quality – it's the only way we're going to be successful.' [The PLoS written evidence concluded that] 'In an open access system, these same parties would pay, but they would get far more for their money.'...Varmus encouraged other publishers to switch to an open-access model. 'Our goal now is not to take over the world but to make other publishers see the virtues of open access and experiment [with it],' he said. Open Access News 3/10/03



The European Parliament has passed a new antipiracy law after changes were made to appease critics. The new law covers all sorts of counterfeit items, from luggage and clothing to jewelry and CDs. Early drafts of the legislation included civil and criminal penalties for those found guilty of piracy, and the law could have been applied to consumers—including people trading copyrighted music or movie files over peer-to-peer networks—as well as to professional counterfeiters. Civil liberties groups protested the scope of the law, and at least one critic compared it to the Digital Millennium Copyright Act, which has been used to prosecute hundreds of individuals for illegal file sharing in the United States . As it was ultimately passed, however, the new law only includes civil penalties, and it includes an exemption for individuals who download music "in good faith." BBC, 9 March 2004 Edupage, March 10, 2004



Research firm Input said it will begin offering information on $54 billion in annual federal grants, including $11 billion specifically available for higher education. As part of the Bush administration's E-Government Strategy, federal officials are developing a Web site,, to act as a clearinghouse for information about all federal grant programs. Officials from Input said, however, that even when finished, the site will leave certain gaps that the company will try to fill. Information Input expects to provide includes data concerning the connection of grant funding and overall federal program funding; a tracking tool to follow funds as they work through the various steps in a grant program; and detailed contact information for federal grant programs. Federal Computer Week, 8 March 2004 9 March 2004 Edupage, March 10, 2004 (NOTE: The University Library operates IRIS, Illinois Researcher Information Service, which provides much of this information and much more – it's available for an annual subscription fee to universities and is available free to members of the UIUC community. Check it out at )



The final report from the Chatham , Cape Cod NSF-sponsored workshop that was held in June 2003 is now available on the conference web site, , under the tab "final report". The workshop brought together a group to look at the future research agenda for digital libraries and related areas. There is a wealth of other material available there as well. Clifford Lynch, CNI Announce 3/11/04



Interviews drawn from the long history of the BBC include major cultural, political and scientific figures of the 20th and 21st century, including Virginia Woolf, Noel Coward, Aaron Copland, Freeman Dyson, Agatha Christie, Mohandas Gandhi, Werner Heisenberg, Margaret Thatcher, Desmond Tutu, Charles Schulz, George Bernard Shaw, etc. are now available at March 12 NeatNew and ExLibris BBC Audio Interviews



While the Internet continues to grow and the leap toward digitization means that more images are finding their way to the Web, actually locating cyber-images is becoming more and more complex. For example, search engines and image search engines only include images that are coded into Web pages. They do not include those locked away in databases—unless they've miraculously been generated as Web pages in advance. This means that most visuals provided by galleries, libraries, archives, museums and stock photo collections are inaccessible via image search engines. In addition, increasing competitive commercialization means more companies are restricting access to images that used to be free. The non-text/non-verbal nature of images can add to the difficulty of locating them. The U.K.'s Technical Advisory Services for Images (TASI) at the URL below offers a roster of information, useful links and practical suggestions on how to pinpoint what you're looking for—and then go after it. In addition, TASI also has conducted a detailed, critical review of leading image search engines, available at

(Technical Advisory Services for Images Jan 2004) ShelfLife, No. 147 ( March 11 2004 )



RLG's RedLightGreen project, which launched about six months ago, is moving into its second phase with additional funding from the Andrew W. Mellon Foundation. The RedLightGreen Web site provides a gateway to universities' local library holdings and is designed with undergraduates in mind, enabling them to locate research materials, check their availability through a link to their local online catalog, and create proper citations in a variety of standard formats. Current partners include Columbia University , New York University, Princeton University , Swarthmore College and the University of Minnesota , but any library with an interest in promoting RedLightGreen on its campus can take advantage of promotional texts and graphics available at .

The RedLightGreen site includes information from more than 120 million records contained in the RLG Union Catalog of research library holdings, and another 1.5 million records have been added since its launch. In response to user feedback, the site's interface has recently been tweaked to enhance usability and a new "My List" feature enables students to create a personalized citation list that they can continue to access in future sessions. (RLG press release) ShelfLife, No. 147 ( March 11 2004 )


10 Years of Bestsellers
USA Today celebrates ten years of their bestseller list by surveying trends from over the period. Their analysis shows these changes in reading habits:

Since the first weekly list, 4 major forces changed the list:

And what's unchanged:

USA Today 3/11/04


The scholarly communications are also on line at




The scholarly communications are also on line at