Issue No. 44

May 19, 2003

Paula Kaufman, University Librarian




The record industry's options for fighting illegal music downloads from the Internet include some that may be illegal, such as attacking personal Internet connections to slow or halt the downloads, or the use of software called "freeze" that locks up a computer system for a certain number of minutes or hours and risks the loss of data, as well as software called "silence" that would scan a computer's hard drive for pirated music files and attempt to delete them, at the risk of deleting legitimate music files as well.

Stanford Law School professor Lawrence Lessig, who specializes in Internet copyright issues, says: "Some of this stuff is going to be illegal. It depends on if they are doing a sufficient amount of damage. The law has ways to deal with copyright infringement. Freezing people's computers is not within the scope of the copyright laws." (New York Times 3 May 2003)  NewsScan Daily, 5 May 2003 



Robert Diotalevi writes that copyright law is once again at the forefront of education in cyberspace.  Although the information super highway offers a variety of useful information, much of it is copyrighted material.  Some recent copyright legislation such as the U.S. Digital Millennium Copyright Act and TEACH Act concern web-based education.  This work provides an overview of U.S. copyright law including the new legislation and related issues.



The Public Library of Science (PLoS), a nonprofit organization of scientists committed to making scientific and medical literature a public resource, has established a nonprofit scientific publishing venture and will be publishing its first open-access journal, PLoS Biology, in October 2003. The PLoS journals will be governed and operated by scientists, and these publications will retain all of the important features of scientific journals, including rigorous peer review and high editorial and production standards. The journals will employ a new publishing model that will allow PLoS to make all published works immediately available online, with no charges for access and no restrictions on subsequent redistribution or use. PLoS has already assembled an academic editorial board and a professional editorial team and began accepting manuscript submissions for PLoS Biology on May 1, 2003. As an open-access journal publisher, PLoS Biology will provide the online versions of all its journals free of charge to anyone with Internet access, but it also intends to offer a paper version for those who wish to pay for it. Distribution of the paper copy will follow a traditional subscription model, although the price for subscription will be as close to cost for printing and mailing as possible.  The subscription price for 2004 has been set at $160/year, which includes shipping. The subscription comprises all 12 issues published in 2004 as well as the three issues (October, November, and December) that will appear in 2003.  Information about submissions and subscription forms can be found at



Carol Tenopir, Donald King and four others co-authored Patterns of Journal Use by Scientists through Three Evolutionary Phases, D-Lib Magazine, May 2003. Abstract: "Access to electronic journals and articles has involved three system phases: an early phase following introduction of electronic journals; an evolving phase in which a majority of scientific journals are available in electronic format, new features are added to some journals, and some individual articles are made available through preprint archives, author web sites, etc; and an advanced phase in which searching capabilities, advanced features, and individual articles are integrated in a complete system along with full text of core journals available back to their origin. This article provides some evidence of how scientists' information seeking and reading patterns are affected by using journals in these three system phases. Readership surveys of scientists shed some light on how the three phases affected use, usefulness and value of articles read; where articles are obtained; the format of articles read; how they were found; and the age of articles read." Excerpt from the conclusion: "The evolution of systems may result in increase article use since the average amount of reading by scientists surveyed increases through the evolutionary phases. Usefulness of the information read and indicators of the value of articles read are relatively stable across the phases, indicating that information content may not change significantly. However, overall usefulness and value to scientists may be increasing since more articles are read as the systems evolve."  FOS News 5/16/03



The AAP and the ALA have jointly sponsored a white paper by F. Hill Slowinski, What Consumers Want in Digital Rights Management (DRM): Making Content as Widely Available as Possible In Ways that Satisfy Consumer Preferences. The paper acknowledges the harsh criticism of the DRM currently used on ebooks, but is optimistic that the objections can be answered. Excerpt: "The first generation of DRM products was designed to protect content. In many ways, it may have done that too well. We see the second generation of DRM products being developed to promote ease of access to content while still protecting the author’s and publisher’s interests." FOS News 5/1/03



Sharing Publication-Related Data and Materials: Responsibilities of Authorship in the Life Sciences has been published by National Academies Press.  It focuses on the responsibilities of individual authors in the life sciences to share data and materials referenced in their publications. The complete text is free to read online.  Peter Scott’s Library Blog, April 30, 2003.



While the story of last year's adult trade sales does not have a particularly happy ending for the nation's bookstores, the news was not uniformly bad for independents, according to Ipsos BookTrends. In the April/May issue of the Ipsos Ideas' newsletter, Ipsos' Barrie Rappaport wrote that "the U.S. Book market is flat. Annual growth for general trade print books has been barely keeping pace with population growth rates." While growth was somewhat better between 1992 and 1996, she noted that "[it] has trailed off over the past five years." However, examining where adult trade books were purchased, there was a heartening update for independents, as the statistics show that the "independent/small chain bookstores" distribution channel represented 15.5 percent of units purchased during 2002. This marks the fourth year in a row that independents have held market share and, in fact, represents a modest increase over the 14.8 percent unit market share of 2001. Independent booksellers had the second highest "channel loyalty" in the industry, according to BookTrends' data, with book clubs garnering the highest loyalty, which is perhaps not surprising given the contractual nature of club membership.



Attorneys for the petitioner in the closely watched Bowers v. Baystate case filed for cert on April 29 before the US Supreme Court, urging review based on the proposition that a shrinkwrap license prohibiting reverse engineering of computer software is preempted by the fair use provisions of the Copyright Act. The Institute of Electrical and Electronics Engineers (IEEE) is supporting the petitoner and has created an informational website containing such goodies as a backgrounder on reverse engineering and Bowers and an assortment of Bowers reference materials. 



Microsoft Chairman Bill Gates told newspaper executives recently that new software will take on-screen reading "to a whole new level" and pave the way for people to read most of their news online. He demonstrated software and prototypes of what digital newspapers might look in the future during a speech at the annual convention of the Newspaper Association of America in Seattle. The prototypes showed editions of U.S. News & World Report and The New York Times that looked identical to their print versions, except that they were completely clickable and automatically reformatted for different platforms, such as Tablet PCs and PDAs. Here are some excerpts from his speech that pertain to the future of news.



All day and night an automated service is sending out email notices to patrons that their library eBook is now available for check-out. With the click of a mouse, card holders of the CLEVNET online lending library at can download digital versions of hundreds of popular fiction, travel, business, study guides, IT, or other titles from leading authors and publishers. The eBook titles are available in both Adobe Acrobat and Palm Reader formats that allow patrons to read eBooks using their own PC, notebook, Tablet PC or PDA devices. Since the opening of Digital Library Connection on April 8 the vast majority of the opening collection of 1,000 eBook titles was checked out from the virtual shelves in a matter of days. Now every time an eBook's lending period expires or a patron returns an eBook early, a programmed email notice is instantly sent to the patron next on a waiting list for the title. The waiting patron can click on the link in the email notice and immediately download the title. The website manages the circulation of the eBook collection based upon the rules established by the librarians at the Cleveland Public Library.



According to the 2002 FISA Annual Report from the Attorney General, "All 1228 applications presented to the Foreign Intelligence Surveillance Court in 2002 were approved." In 2001, 934 applications were approved. Background on the Foreign Intelligence Surveillance Act is at the EPIC FISA page.



In a new report published by the Council on Library and Information Resources, New-Model Scholarship: How Will It Survive? , Abby Smith explores several types of emerging scholarship, including experimental, open-ended, interactive, software-intensive, multimedia, and unpublished. She concludes that libraries must determine what of this content has long-term value for teaching and research. They must define the parameters of objects that describe themselves as "open-ended" and "changing," decide what must be done to make a complex digital object ready to place in a repository, and determine how to support digital preservation over time. Librarians, who are used to thinking about selecting and preserving content, must now work closely with creators to identify attributes of the resources that warrant preserving. This often entails preserving software as well as content. Many of the new resources were designed as experiments, and their creators neither expect nor want them to be kept forever. Nonetheless, if longevity is to be considered, it is important that creators work with librarians and archivists early on.  Smith identifies several models of stewardship emerging for resources that are worth preserving. They can be roughly divided into two organizational types.  Enterprise-based models take some responsibility for keeping information resources created by an institution or a discipline that are used primarily by that community. Community-based models offer third-party preservation services to digital creators. None has developed so far to meet the needs of born-digital scholarship, but both JSTOR and the Internet Archive offer interesting models for future development. Funders that support building digital resources, including federal funding agencies, do not require the deposit of data into trustworthy digital archives. This is a serious oversight that must be addressed. Equally serious is the lack of planning and action by the universities and other research institutions that support the creation of digital scholarship and are its primary consumers. Librarians, archivists, and digital scholars are well positioned to raise awareness of this impending crisis of information loss and to articulate the new roles and responsibilities to be assumed by each member of the research community that has an interest in the future of scholarship.

New-Model Scholarship is available online at

NOTE: Smith will be one of the presenters at a campus-wide Conference on the future of the UIUC Library, scheduled for October 30.



The National Academy of Sciences Council’s Committee on Publications recommended that the Council commission a study of the factors involved in the changing mechanisms for access to STM (Science, Technical, and Medical) information in scholarly publications and the various technical, legal, policy, and economic issues that they raise. The Committee indicated that it is imperative for the National Academies to address, in particular, the increasing concerns about the implications of various models for access to STM information for the scientific community.  A symposium devoted to this topic will be webcast on May 19-20 .You may participate in it by listening to a live audio webcast on the National Academies Web site at on May 19-20. Webcast participants are invited to submit questions using an e-mail form provided on the site during the symposium.



Hours after the terrorist attacks on September 11, 2001, people rushed to libraries to read about the Taliban, Islam, Afghanistan and terrorism. Americans sought background materials to foster understanding and cope with this horrific event. They turned to a place with reliable answers—to a trustworthy public space where they are free to inquire, and where their privacy is respected.  Since 9-11, libraries remain more important than ever to ensuring the right of every individual to hold and express opinions and to seek and receive information, the essence of a thriving democracy. But just as the public is exercising its right to receive information and ideas—a necessary aspect of free expression—in order to understand the events of the day, government is threatening these very liberties, claiming it must do so in the name of national security.  While the public turned to libraries for answers, the Bush Administration turned to the intelligence community for techniques to secure U.S. borders and reduce the possibility of more terrorism. The result was new legislation and administrative actions that the government says will strengthen security. Most notably, Congress passed into law the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act" (USA PATRIOT Act) just six weeks after the events of September 11. This legislation broadly expands the powers of federal law enforcement agencies to gather intelligence and investigate anyone it suspects of terrorism.  The Free Expression Policy Project has issued a new report by Nancy Kranich at


According to some critics, several of the newly enacted or proposed state laws to outlaw software for downloading movies without paying or unauthorized use of smart cards to get free satellite, cable or Internet service, will not only stifle innovation but might also be interpreted as outlawing such common devices as video recorders and music players. The Motion Picture Association of America (MPAA) says that some state laws are
vague on piracy techniques (e.g., smart cards altered to unscramble transmissions). Robin Gross of IP Justice, a civil liberties group focused on intellectual property, says: "These laws are really talking about trying to regulate what somebody can do with the services they have already paid for.'' Supporters of such legislation see it differently, and insist that people "are seeing demons in these bills, where there are no demons." But
critics are adamant, and say they fear the concealment provisions in new legislation could be used to ban security firewalls, encrypted virtual private networks for telecommuters and systems designed to preserve anonymity and protect privacy. (San Jose Mercury News 5 May 2003) NewsScan Daily, 6 May 2003


Demand for information technology positions will hold steady or decline in the next 12 months, according to a survey of 400 hiring managers by the Information Technology Association of America. ITAA president Harris Miller says that the fact that firms have dramatically scaled back "may indicate that they are properly staffed to handle existing and new business." The study says there are about 493,000 unfilled technology jobs in the United States, down from 1.6 million open positions at the start of 2000. Nearly a
fourth of large
U.S. technology companies surveyed say they have already outsourced technology work to foreign countries, and an additional 15% of large technology companies indicate they are considering a similar move within the next year. (AP/USA Today 5 May 2003) NewsScan Daily, 6 May 2003



An American Bar Association research project intended to study the feasibility and viability of digital libraries in private law firms has found that the electronic format has some distance to go to reach full acceptance. The project, which surveyed attorneys, law librarians and legal publishers, found that while attorneys' use of online legal research has progressed significantly, they still prefer print for practice-specific resources, state resources and treatises. Legal publishers report that print is still the dominant publishing form, although more than half of respondents produce materials in print, CD-ROM and on the Internet. While most publishers say that print is the most expensive format for the customer, those who do charge a premium for online titles cite the tremendous benefit of the format as justification for the price hike. And while law librarians are aware that most legal research materials are available in a variety of formats, very few have plans to replace their print collection with digital. Many report that their attorneys prefer print, and cite cost and licensing issues as major barriers to digital acquisitions. (ABA Network 4 Apr 2003)  ShelfLife, No. 105 (May 8 2003)


A survey of 36,000 Internet users by Nielsen/NetRatings finds that web surfers who download music from song-swap sites are more likely to buy music online, as well as offline at retailers. The survey "may help record companies gain a better understanding of who their online customers are," says Reuters. Nielsen/NetRatings estimates, based on its survey, that nearly 31 million active Internet users aged 18 or older (about 22 percent of the active Internet universe) downloaded music in the past 30 days, and
71 percent bought music in the past three months. The data gives more credence to those who think declining CD sales has more to do with the soft economy and the quality of the music being marketed than it does with online file-sharing slicing into retail sales. Corante - Tech News: May 8, 2003



Libraries in the future will undertake local control, especially for long-term preservation and accessibility of digital as well as analog collections. Failure to embrace that role would cause libraries and librarians to rapidly lose relevance and value as Internet and other digital resources develop. Local control of collections is critical both to assure permanence and to provide a key degree of selectivity, which contrary to the irrational exuberance of making everything available to everybody is vital to providing service to communities of readers. Librarians need new tools, such as the LOCKSS system, to
enable both persistence and selection of electronic information."


Now it’s Canada’s turn to extend copyright terms. Canada has introduced a bill that would extend the copyright term for certain posthumously published works.  Bill C-36,
which may become known as the Lucy Maud Montgomery Copyright Term Extension Act, is of particular interest to the heirs of the Canadian author of Anne of Green Gables fame, whose unpublished work, including ten volumes of previously unpublished diaries, was scheduled to come into the public domain on January 1, 2004.  If enacted, the bill would delay that until 2018.  BNA's Internet Law News (ILN) - 5/9/03  Bill at
<> [Canadian Parliament]
Backgrounder at <> [Industry


Susan Mayor reports in the April 19 BMJ that libraries are thinking about open access as an alternative to skyrocketing journal prices. Quoting Robert Michaelson, head librarian of the Mudd Library for Science and Engineering at Northwestern University: "Elsevier is obviously trying to make a profit, but it is difficult to understand the enormous difference in the cost of some of their journals compared to similar journals published by learned societies." Mayor paraphrasing Jan Velterop, publisher of BioMed Central: Journal "monopolies could be broken by open access publishing, in which academic institutions pay for publication of their researchers' papers at input, and papers are then made available for free on the internet."  FOS News 5/11/03,2,3,4,10



For those of you who follow British publishing, or the fate of independent publishers: Duckworth is not, despite reports, one of the last independent publishing houses. Nevertheless, it is one of the most famous and longstanding independents, and the threat to its existence has been another mark, following the purchase or disappearance of so many of its counterparts, of the passing of an era.


It has found the best possible purchaser: Peter Mayer, who has experience running a giant publishing house, Penguin, but who now devotes himself to a creative independent, the US house Overlook Press. Still, one must not get too sentimental about independent publishing. Beryl Bainbridge, for many years Duckworth's star author, has since revealed that the firm never paid her a higher advance than £2,000, and never printed more than 3,000 copies of each of her novels.  Guardian Books, 5/10/03,6109,952447,00.html


It's as big as an SUV and lives behind an unmarked door in the basement of the Stanford University library. The Swiss-designed robot scanner rapidly turns and flattens pages of old books— both large and small, even bound newspaper volumes—then scans and digitizes the text faster than you can say Evelyn Wood. For Michael Keller, Stanford's head librarian, it's a powerful new tool for achieving his dream of putting the world's most advanced scholarly and scientific knowledge on the Internet. The first book-scanning robots were introduced this spring by 4DigitalBooks of Switzerland, and Kirtas Technologies of Victor, NY, and have already sparked the interest of libraries and private and nonprofit groups now working to digitize books. Typically, the manual labor of library digitization has been handled by students or low-cost workers in countries like India and the Philippines. But these solutions can create logistical problems, including long-distance transportation, which can result in damaged originals. By contrast, the robot scanner can be located close to book collections, and offers speed and quality control unattainable by manual systems. It can scan more than 1,000 pages an hour. Still, manual processing is usually less expensive. 4DigitalBooks co-founder Ivo Iossiger admits the robot becomes cost effective only on projects exceeding 5.5 million pages. So the vast majority of digitization over the next several years will probably still be done by hand. (NY Times 12 May 2003) ShelfLife, No. 106 (May 15 2003)
To supplement the New York Times story, Jerry Persons, chief information architect of Stanford's Green Library, sent ShelfLife the following link to a pdf file on the project:


Stanford Law School professor Lawrence Lessig, a well-known cyberlaw specialist, is seeking to find the right balance between the rights of copyright-owners and the rights of consumers, and is promoting his notion of The Creative Commons as the logical balance-point: "We're very strongly pushing people to join with us in the Creative Commons exercise. This has two effects. One is, if you mark your content with the Creative Commons license and put it up on the Web that makes the content more easily available for other people to take and build upon according the preferences you express. The second thing it does, is increasingly builds a model of content or copyright which is not a model of perfect control which dominates images of Hollywood’s content. It instead sets up a layer of content that is much more freely available. My view is that to the extent we increase the presence of this alternative to this group of people who say 'I don’t believe in the extremes, I believe in something in between,' we will increasingly change the character of the debate. The debate will no longer be defined by piracy versus property. It will increasingly be a debate where there is a space in the middle that helps us show others that the extremism is not the necessary choice." (OpenEducation 1 May 2003)  ShelfLife, No. 106 (May 15 2003)


The National Agricultural Library is working with the Association of Research Libraries and the Boston College Library to improve the care and accessibility of still-image collections by developing guidelines for preservation reformatting projects. "This is a natural project for the National Agricultural Library because Department of Agriculture agencies have created a wealth of mixed-image collections which require preservation treatment," says NAL director Peter R. Young. "We will work with ARL and with the Boston College Library to find the best measures for creating digital images while preserving the original rich images of those USDA collections, and will document those best practices in a guide which can help other institutions look to the care and accessibility of their own still-image collections." The guide to still-image preservation is expected to be available by early 2004. (National Agricultural Library press release
5 May 2003) ShelfLife, No. 106 (May 15 2003)



Mike Thelwall tackles the topic in Can Google's PageRank be used to find the most important academic Web pages?  He reports on the outcome of applying the algorithm to the Web sites of three national university systems in order to test whether it is capable of identifying the most important Web pages. The results are also compared with simple inlink counts. It was discovered that the highest inlinked pages do not always have the highest PageRank, indicating that the two metrics are genuinely different, even for the top pages. More significantly, however, internal links dominated external links for the high ranks in either method and superficial reasons accounted for high scores in both cases. It is concluded that PageRank is not useful for identifying the top pages in a site and that it must be combined with a powerful text matching techniques in order to get the quality of information retrieval results provided by Google." FOS News 5/3/03


A research project by Microdoc News studied the Googling behavior of some 545 university students around the world—all of whom have obtained some formal instruction in information seeking, and all of whom claim to have good success in finding the information they need. The researchers collected more than 18,000 queries used by those students over the course of a week. While it was expected that the students would use full Google syntaxes for most queries, the results actually showed that most students used more than two types of queries, frequently refining an initial query to generate more useful responses. The most common type of query is the multi-word string or the single word. Full syntax queries are used as a last resort, only when more informal attempts are unsuccessful. Researchers concluded that locating information through Google is best achieved through a flexible approach. The wider the range of queries built, the better the results. (Microdoc News 6 May 2003) ShelfLife, No. 106 (May 15 2003)



Wiley InterScience has announced the launch of its new Pay-Per-View service - opening up access to its electronic journal and book material to all individuals who previously didn't have access to the full range of the service's scientific, technical, medical and professional content.  Peter Scott’s Library Blog, 5.16.03


The scholarly communications are also available on line at