Maryland’s modest Library eBook Fairness Law requires publishers that make digital products available to residents of Maryland to also make those same resources available to libraries on reasonable terms. Some publishers have not treated libraries reasonably in the past. Instead, they have arbitrarily raised prices, imposed draconian limits on how libraries can use digital materials, and in some cases, refused to license digital materials to libraries at all. Under these conditions, libraries have had difficulty providing access to essential resources and services for their communities at a time when they are most in need. This is the wrong that Maryland’s law seeks to right, and it is set to go into effect next month.
The Association of American Publishers (AAP) is a powerful Washington, D.C.-based lobbying group that has pushed for ever more power and market control for their billion-dollar publishing company members. In its lawsuit to block Maryland’s Library eBook Fairness Law, the AAP asserts that states are powerless to step in when its members abuse their market power in contractual relationships with libraries. This does not seem right in law or practice–states can and should defend their libraries from predatory practices.
The Internet Archive is defending a lawsuit against four of the world’s largest publishing companies–all members of the AAP–over the most fundamental service that libraries provide, lending books. It is beyond disheartening that the AAP has chosen to go on this attack on libraries during a global pandemic, when schools, teachers, and students are most in need of digital resources. We urge the court to stand with libraries and dismiss the AAP’s lawsuit against the State of Maryland.
The Internet Archive is a 501(c)(3) nonprofit library for the digital age, with a mission to support universal access to all knowledge. Libraries serve communities by providing necessary educational and career materials and other civic services. We appreciate states like Maryland that are working to update laws so that libraries can serve their essential societal function in the digital age.
[quote]
It is beyond disheartening that the AAP has chosen to go on this attack on libraries during a global pandemic, when schools, teachers, and students are most in need of digital resources.
[/quote]
Disheartening, perhaps, but hardly surprising.
The first instinct of big money, profit-driven organisations like the AAP is to reach for the lawyers whenever they feel their profits are threatened. They do not stop to think how the adverse publicity generated by their “our way or else” attitude may ultimately result in less money going into their pockets.
This AAP thing sounds a *lot* like the Bad Old Days when the RIAA decided that people who file-shared were, somehow, “thieves” and started treating them as such. I can’t think of any worse business model than treating both your existing and your potential customers as thieves.
Do you suppose these multi-billion dollar organisations have ever stopped to contemplate that working *with* (rather than against) the people they are trying to sell things to would serve to both enhance profts *and* help maintain a good image with the general public? It seems to me that, if you break out the lawyers often enough, the people you are counting on to keep you in business will start to feel compelled to come up with ways that they can get around what you are trying to do whilst still staying within the letter of the law.
The fact that these corporate types still pig-headedly refuse to recognise the fact that picking a fight with people results in making enemies is, for me, the truly disheartening part of all of this.
Do you suppose these multi-billion dollar organisations have ever stopped to contemplate that working *with* (rather than against) the people they are trying to sell things to would serve to both enhance profts *and* help maintain a good image with the general public? It seems to me that, if you break out the lawyers often enough, the people you are counting on to keep you in business will start to feel compelled to come up with ways that they can get around what you are trying to do whilst still staying within the letter of the law.