Issue 18/04

October 7, 2004

Paula Kaufman, University Librarian, Editor



In a major press event on September 29 on Capitol Hill, Salman Rushdie (President of PEN American Center), former U.S. Congresswoman Patricia Schroeder (President of the Association of American Publishers), Mitchell Kaplan (President of the American Booksellers Association), and C arl a Hayden (past President of the American Library Association) delivered petitions gathered in bookstores and libraries throughout the country demanding the restoration of privacy protections eliminated by the USA PATRIOT Act. Association of American Publishers 9/29/04



A New York federal judge struck down a controversial provision of the USA Patriot Act, ruling that the FBI cannot require Internet service providers to divulge subscriber information and then force them to keep mum about it. The case had been brought by the ACLU on behalf of an ISP that had received what is known as a national security letter demanding confidential subscriber information. Unlike grand jury subpoenas, national security letters may not be contested before a judge and require only that the FBI describe the information it seeks as "relevant" to terrorism or intelligence probes. Recipients of the letters are prohibited from telling anyone—including their customers and their lawyers—about the FBI requests. In the past 14 months since the Patriot Act's passage, "hundreds" of such letters have been issued, according to U.S. District Judge Victor Morrero, who says he appreciates the go vern ment's terrorism concerns but feels freedoms must be carefully preserved in times of crisis: "Sometimes a right, once extinguished, may be gone for good." ACLU exec utive director Anthony Romero called the decision "a stunning victory against John Ashcroft's Department of Justice." The Justice Department now has 90 days to fix the law or appeal the ruling. ( USA Today 30 Sep 2004 ) NewsScan Daily, 30 September 2004



Rudy Baum’s editorial in the 9/20/04 issue of Chemical and Engineering News,
is a full force assault on the PubMed/Open Access initiative.  ACS is feeling the heat and manning the barricades. “I find it incredible that a Republican Administration would institute a policy that will have the long-term effect of shifting responsibility for communicating scientific research and maintaining the archive of science, technology, and medical (STM) literature from the private sector to the federal go vern ment. It's especially hard to understand because access to the STM literature is more open today than it ever has been: Anyone can do a search of the literature and obtain papers that interest them, so long as they are willing to pay a reasonable fee for access to the material. What is important to realize is that a subscription to an STM journal is no longer what people used to think of as a subscription; in fact, it is an access fee to a database maintained by the publisher. Sure, many libraries still receive weekly or monthly copies of journals printed on paper and bound as part of their subscription. Those paper copies of journals are becoming artifacts of a publishing world that is fast receding into the past. What matters is the database of articles in electronic form.”


A group of publishers’ and authors' associations has filed suit against federal regulations that restrict the editing of articles and books by scholars in countries under a U.S. trade embargo. The lawsuit says the restrictions are contrary to the First Amendment and federal law. Chronicle of Higher Education 9/27/04


Creating the World Wide Web didn’t make Tim Berners-Lee instantly rich or famous. In part, that's because when Berners-Lee finished writing the tools that defined the Web's basic structure he gave them away, no strings attached. While others made millions off his invention, the programmer went on to found the World Wide Web Consortium, which he still directs. While the Web was a rather big deal, Berners-Lee had something bigger in mind all along. In this exclusive interview, he tells how his 15 years of work on the "Semantic Web" are finally paying off. Emerging Technologies Monday Update 9/27/04 Technology Review 10/04



“AAU strongly supports efforts to achieve the widest possible dissemination of the results of federally funded research, and the association commends the National Institutes of Health (NIH) for its proposal to increase public access to published results of NIH-funded research. Making research results freely available to the public six months after those results are published should not only benefit the public through expanded access to information but should benefit scientists and advance science through wider dissemination of new knowledge. We appreciate the recognition by NIH of the need for any such proposal to preserve the quality of scientific information through peer review, editorial, and scientific quality-control processes. The basic elements of NIH’s proposal appear to be consistent with this goal. NIH’s stated intention to work with affected parties during the further development of this initiative should achieve the goal of expanding public access in ways that preserve the quality of published scientific information. AAU will submit comments on the proposal and looks forward to working with NIH and other affected parties toward this goal.” Association of American Universities 9/24/04



A U.S. federal judge has struck down a 1994 law banning the sale of bootlegged recordings of live music, ruling the law unfairly grants seemingly perpetual protection' to the original performances. The judge dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. BNA's Internet Law News (ILN) - 9/27/04 Decision at

Coverage at



Interns at IBM's UK unit have developed a tool called Peridot that's designed to put an end to annoying broken links. It automatically maps and stores key features of Web pages so it can detect when the content changes. When deployed on a corporate intranet or Web site, it can then replace outdated links with the new ones. Currently, most of this work is done manually, which can result in work slowdowns or worse. Peridot's technical mentor Andrew Flagg says, "Internally, you have users who are trying to do their jobs and the intranet is there to facilitate that. If they can't get the information they cannot do their job properly. Externally, you have cases of companies that link to disreputable content which could seriously damage their reputation." Although there are similar tools that s impl y detect which links have been broken, Peridot's innovation is that it detects more substantial changes and has adjustable levels of autonomy, allowing staff to review changes before they're made or just allow the process to proceed on autopilot. The Peridot prototype has been tweaked so that it runs reliably over 100,000 pages, and intern James Bell predicts: "Peridot could lead to a world where there are no more broken links." The tool is named for the pale green gemstone which, according to legend, was used in ancient cultures to help people find something they had lost. ( BBC News 24 Sep 2004 ) NewsScan Daily, 27 September 2004



"Creative commons, an effort to get artists and scholars to give up some control of their works so that they can be more freely distributed, is struggling to gain a foothold in academe. Two years after the project was announced, only a few college programs regul arl y use the group's licenses to grant access to online works. And few faculty members and scholars have independently chosen to use a Creative Commons license for their works. Intellectual-property experts say that's because most academic publishers require professors to hand their copyrights over to publishers....'So many academic authors haven't received the news yet that they have rights and responsibilities regarding what they do with their copyrights,' says Michael W. Carroll, an assistant professor at Villanova University School of Law who serves on the board of directors of Creative Commons. 'There's an inertia in just signing on the dotted line when the publication agreement comes in, and handing over the copyrights to serial and book publishers.' When Creative Commons was st arte d, Mr. Carroll had said that the academic community was a natural fit for the group's licenses. He says he still believes that, but he adds that Creative Commons needs to promote itself more to colleges and professors." Chronicle of higher Education 10/1/04 Open Access News 9/27/04



Since 2001, the National Archives and Records Administration (NARA) has been working to develop the policies and plans to build the Electronic Records Archives (ERA), a major information system that is intended to preserve and provide access to massive volumes of all types and formats of electronic records. Be Spacific 9/23/04



A U.S. Senate bill called The Inducing Infringement of Copyrights Act would make peer-to-peer networks such as Kazaa and LimeWire more vulnerable to lawsuits when they're used to swap copyrighted music or video files. Gary Shapiro of the Consumer Electronics Association says, "This is absolutely critical, it threatens the survival of our industry"; but Adam Eisgrau of the trade group P2P United counters: "The stakes here are chilling what drives America 's economy, which is technical innovation, both in the marketplace of p rod ucts and the marketplace of ideas." Copyright activists and technology companies fear that not only P2P network companies but also makers of iPods and photocopiers could be held liable for misuse of their p rod ucts, since the law would target any company that "induces" others to rep rod uce copyrighted material. (Reuters/New York Times 28 Sep 2004 ) NewsScan Daily, 28 September 2004



Four major U.S. library associations have endorsed the Geneva Declaration on the Future of the World Intellectual Property Organization. Together, the American Association of Law Libraries, the American Library Association, the Association of Research Libraries and the Special Libraries Association represent the views of over 90,000 librarians and millions of library users throughout the United States and abroad. The Geneva Declaration calls for the development of a new agenda for the World Intellectual Property Organization (WIPO) that recognizes the importance of intellectual property for the future of humanity while stressing the importance of balance in the laws and policies go vern ing such intellectual property. WIPO must move beyond its original agenda of s impl y protecting intellectual property to develop a new agenda that promotes both international development and establishes new approaches to supporting innovation and creativity. In recent years, our library organizations have been concerned about a number of trends that have combined to limit access to knowledge. These include, among others: * the lengthening of the copyright term which substantially delays works from entering the public domain; * the development of legal protections for technological protection devices without consideration of whether the circumvention of such a measure would be done for a lawful purpose; and, * the efforts to develop new protections for databases containing facts and other public domain material. Our organizations believe that these recent efforts to expand intellectual property rights have gone too far and must be brought back into balance. The development of a new agenda will give WIPO the opportunity to take a leadership role in re-crafting the necessary balance. In doing so, we urge WIPO to affirmatively seek to balance the rights of creators with the rights of users. This may call for the rollback of recent expanded protections or the development of new user rights to counterbalance them. We also urge WIPO to deal creatively with the issues raised by digital technology to provide appropriate levels of protection while also supporting the rights of users to effectively use the new technologies. We believe that as WIPO seeks to develop its new agenda, it should: * promote the development of a robust and expanding public domain, allowing new works to enter the public domain following a fair and reasonable period of exploitation by the original creator; and, * establish accepted limits on the rights of copyright owners that permit reasonable uses for legitimate purposes. The development of digital technology has created a fundamental challenge to the copyright system. The creation of a new agenda is an opportunity for WIPO to move beyond a protectionist approach to craft balanced solutions to today’s issues. Our organizations look forward to working with WIPO and the international library community to develop an agenda that will both promote the protection of intellectual property and, at the same time, encourage access to knowledge and international growth and development.



In a lawsuit known as Kahle v. Ashcroft, Brewster Kahle, founder of the Internet Archive <>, and Rick Prelinger are arguing that various changes to copyright law are unconstitutional because they've made it impossible for works to return to the public domain. Since copyright holders no longer have to actively register and renew their work, valuable historical resources stay protected by copyright even though no one's marketing them. The lawsuit reads: "Because of the indiscriminate nature of copyright today, the burden of copyright regulation extends to work whether or not the original author has any need for continuing protection. That unnecessary burden blocks the cultivation of our culture and the spread of knowledge." Kahle adds: "These works are important parts of our culture, and now that students are shifting to using the Internet as their library, we want to make sure they continue to have the breadth and depth of what people have created." And if the plaintiffs lose their case?

Then, says Kahle, "the libraries that we grew up with will be effectively shut to this generation of kids that use the Internet as a major source of information." (Wired Sep 2004) ShelfLife, No. 176 ( September 30 2004 ),1284,64494,00.html



On-demand printing is still a small fraction of the overall book industry, but it's allowing authors to bring books to market quickly, directly and sometimes cost-free. Professor Frank Cost of Rochester Institute of Technology thinks it might even cultivate book-writing, the way Kodak opened photography to amateur picture takers ne arl y a century ago. "Everyone is starting to realize this works," Cost said. The list of on-demand book publishers includes,,,, and While prices vary widely depending on the services offered, most work in similar ways. Authors write their texts, sometimes including photos and illustrations, then upload the book via the Internet to the publisher. Some publishers list the books directly with Internet retailers such as Amazon and, for example, is partly owned by Barnes & Noble and has positioned itself much like a traditional publishing house, requiring the author to go through copy editing and review. It also offers layout and cover design for a flat fee. On-demand printing makes it possible to p rod uce even one copy of a book profitably. It may also mean a book never actually goes out of print, since publishers and authors could print small batches of books as needed. "There were a lot of e arl y abortive efforts to try this," said one analyst. "But we are in a very creative phase now and it's very exciting." ( USA Today 21 Sept 2004 ) ShelfLife, No. 176 ( September 30 2004 )



The RIAA filed copyright infringement lawsuits yesterday against 762 computer users, including defendants at 26 universities around the U.S. The new filings bring the total number of people sued to more than 4,000 since the industry group began its legal campaign against individual computer users a year ago. BNA's Internet Law News (ILN) - 10/1/04


Canada 's Globe and Mail tips one "big" book for fall: Paul Anderson's first novel S Hunger’s Brides (just bought in the US by Carroll & Graf). It's 1,376 pages long, and 12 years in the writing, "about a real-life 17th-century Mexican nun whose Spanish-language poetry is considered on par with Shakespeare's." It took Random Canada's Anne Collins five years to edit the manuscript. (At one point, she actually asked him to make it longer.) Looking at the complexities (and expense) of the p rod uction process, the article indicates that there will only be a single hardcover edition. (The 5,000-copy run has been fully placed with retailers.) Publishers Lunch 10/1/04



Cornell's Legal Information Institute (LII) has released a new, open-access version of the U.S. Code (the codified statutes of the U.S. federal go vern ment). By itself, this isn't unusual. The text is in the public domain and there are several other OA editions online. What makes this version distinctive is that the Cornell team has marked up the entire text in XML and released the XML source code under a Creative Commons license. The LII's purpose is to make re-use of public-domain legal texts as easy and inviting as possible. Before you can view the source, you must register and answer a few questions. But after that, you're in re-use heaven. For example, the XML tags define every section and subsection of the code, allowing pinpoint cross-referencing, linking, and searching. Open Access News 10/2/04



Bobby Pickering, German Government funds OA initiative, Information World Review, October 1, 2004 . Excerpt: "The German government has awarded Euro 6.1m (£4.2m) to STM publisher FIZ K arl sruhe and the Max Planck Society (MPS) to develop a platform for web-based collaborative scientific work and self-publishing. The five-year eSciDoc project, funded by the German Federal Ministry of Education and Research (BMBF), will provide another precedent for state funding of open access initiatives when the UK government responds to the HoC's Scientific Committee report released in June. MPS is a not-for-profit research organisation that signed the Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities last October. The eSciDoc project will enable scientists in its 80 institutes to collaborate on research and publish their results on a long-term basis in open archives developed by FIZ K arl sruhe technology teams." Open Access News 10/1/04



In its annual review of state schools and libraries, the ACLU of Texas identified 62 titles that were removed from school libraries during the 2003-2004 school year following objections from parent or teachers. Restrictions were placed on an additional 33 books, including George Orwell’s Nineteen Eighty-Four, following objections from the parent of a ninth grade student. Here, as with most books banned in Texas last year, the reason cited was inappropriate sexual content. Some books were banned because they touched on topics deemed unsuitable for children, such as The Upstairs Room, the autobiography of Johanna Reiss, who survived the Nazi holocaust by going into hiding. The Guardian 10/2/04,6109,1317294,00.html



WH Smith shop workers have inundated chief exec utive Kate Swann with complaints about her decision to slash staff discounts. According to insiders, Swann’s move to halve the discounts from 25% to 12.5% to reduce costs has sparked an unprecedented backlash in the company. The move to cut the discount came at a particul arl y sensitive time for the troubled group. It has been suffering from fierce competition from supermarkets, which have made inroads into Smith’s traditional sales by selling cut-price CDs, books, and stationery. It also coincided with the announcement of a lucrative incentive scheme for the company’s top managers. 10/3/04


Ten major trends emerge in the Internet’s first decade of public use

Among the highlights from this 105-page report issued by University of Southern California ’s Annenberg School Center for the Digital Future:

OCLC ABSTRACTS - October 4, 2004 (Vol. 7, No. 40)


The biggest beneficiaries of the newfound popularity of secondhand books are obviously Internet players like, B&, Alibris, Abebooks, and eBay. But long-established used bookstores are, with few qualifications, also riding the used book sale wage, even a chain that doesn’t engage in e-retailing. Read about the impact on stores such as Powell’s Books, the Strand , and Half Price Books. Publishers Weekly 9/27/04



Alma Swan, Paul Needham, Steve Probets, Adrienne Muir, Ann O'Brien, Ch arl es Oppenheim, Rachel Hardy, and Fytton Rowland, Delivery, Management and Access Model for E-prints and Open Access Journals within Further and Higher Education, EPIC and Key Perspectives (undated but released c. October 4). Excerpt: "This study describes a delivery, management and access model for e-prints and open access journal content for UK Further and Higher Education commissioned by the Joint Information Systems Committee (JISC)....[T]he archives that are being created are not being filled with e-prints quickly enough to provide open access to the bulk of UK schol arl y literature. There are political and cultural influences responsible for this slow progress, including inertia on the part of authors, most of whom are still not yet voluntarily self-archiving their work. There are ways in which this inertia may be overcome, including mandating the self-archiving of e-prints of published articles by authors in institutional e-print archives. The recent report of the P arl iamentary Select Committee on Science and Technology recommended (in Recommendation 44) mandatory depositing of eprints in institutional repositories. This mandate could be impl emented by the institutions themselves or by research-funders....The study therefore recommends the 'harvesting' model...constituting a UK national service founded upon creating an interoperable network of OAI-compliant, distributed, institution-based e-print archives. Such a service, based on harvesting metadata (and, later, full-text) from distributed, institution-based e-print archives and open access journals would be cheaper to impl ement and would more effectively garner the nation’s schol arl y research output." Open Access News 10/4/04


The US book industry finally may be figuring out how to reach its most elusive audience: people aged 18 to 34. Publishers have subsisted for years on baby boomers' healthy appetite for reading, and traditional marketing channels—primarily sporadic print ads—have been an effective way to reach them. But younger readers have been tougher to attract, in part because they are lured by more media options, including DVDs, the Internet and videogames. Now, two of the top-selling titles this fall are winning over the 18-to-34 crowd, thanks in part to hard-won marketing insights. 10/5/04



A UNESCO workshop picturing the potential of e-Books was recently hosted in Bangalore , India . Participants from Asia and Europe identified the issues and complexities involved in e-book projects delineating the role of e-Books in education, research and libraries from the perspective of the publishers, distributors and users.
E-book publishing is a dynamic, fast paced and still evolving field. It is estimated to be a big industry too- worth an estimated $400 billion and a 250 million e-book reading public by 2005. The stakeholders in the e-Books community-authors, publishers, distributors, and consumers, are faced with twin challenges: technological obsolescence - short lived technologies - both hardware and software; and the diversity in relevant formats and standards - often incompatible and non-interoperable. The invitation only workshop on 16 September was an important milestone in the UNESCO e-book project, with more than seventy participants representing the diverse stakeholders’ community. The format of the Workshop was designed to be interactive with each session having speakers and a moderator to lead the discussions with a set of issues/questions. The Programme was structured into four sessions - the inaugural session was intended to set the tone and context of the landscape of e-Books with speakers providing overviews from different angles. The other three sessions were intended to provide a forum for the concerns of different stakeholders groups. The three sessions surveyed the e-Books from three perspectives - the user and technology perspective; the author and publisher perspective; and the aggregator and library perspective. During the afternoon tea break, p rod uct demonstrations by two leading e-Book publishers - John Wiley and Springer gave a sampling of the e-Book industry offerings. 10/4/04



The biggest news from the Frankfurt Book Fair originates in California , as Google moves to the next phase of their Google Print feature. Google has st arte d rolling the new Print database into the larger Google index. The new iteration of Print—which Google Director of p rod uct management Susan Wojcicki's underscores is "very e arl y" and viewed as "just a preliminary test, working with the publishers we've already signed up" of "how we would integrate full-text content" into the Google index—is still nothing like the crude beta version first announced here last year. Drawing from a database that currently features hundreds of thousands of full-text books, any normal Google search will return matches on a standard search page. For now, any book matches are prominently placed at the top of the page (akin to the display of Google News results), along with a cute icon of a few books on a shelf. The message Google is presenting here in Germany (and in general) to publishers is that they now welcome submissions from any companies that wish to participate. Their site offers detailed information on how to submit materials (they still want printed books to scan on their own, though at some later point they may accept electronic files) and how the program works. Current participants—which include the likes of Penguin, Wiley, Hyperion, Pearson, Taylor & Francis, Cambridge, Chicago, Oxford, Princeton, Scholastic, Springer, Houghton Mifflin, Thomson Delmar, Blackwell, and Perseus—were primarily solicited by Google. Publishers Lunch 10/6/04


The scholarly communications are also on line at