While Cory Doctorow and David Weinberger are lighting up the internet (cosmos 1, 2) with their principled pleas to Microsoft on the perils of DRM - a group of publishers are talking up trying to chisel away the first sale doctrine which allows you to resell the books you buy.

In a recent report, the NY Times' Bob Tedeschi provocatively asks "Is Amazon.com becoming the Napster of the book business?". It's a provocative question, but one that ignores the copyright and property laws that effect real property and printed matter. There is no Digital Millennium Copyright Act for bit based mediums like books but that doesn't stop the publishers from talking up the metaphor: "Used books are to consumer books as Napster was to the music industry," Lorraine Shanley, a publishing consultant and publisher of Publishing Trends says to Tedeschi. In what reads like a parody but sadly is not, Shanley continues: "The question becomes, 'How does the book industry address its used-book problem?' There aren't any easy answers, especially as no one is breaking any laws here."
Egads. Perfectly legal sales of used books, this is a problem indeed. The obvious implication is, we need new laws to address the "used-book problem" because, as it turns out, in these United States you can actually own movable property, like books, even though you didn't author or publish the ideas contained within the covers. Paying for it is sufficient to gain the right to sell it. In the pre Digital Millenium era, once you own something, you are generally free to sell it but we can solve this problem of owning and selling books by following the inspied work of the RIAA. If we sufficiently reduce the property rights that people have in their books, they'll no longer be able to sell them (and thereby it follows, they'll buy fewer of them, as they will own "less" than they did before). Perfect - the relatively flat market for book publishing will crater like the music publishing market. Can you imagine the DRM required to keep you from selling property you own and can move about at will? Perhaps there is some RFID meets LoJack opportunity these publishing mavens have invested in as a solution.
Now before we take these sorts of measures, we'll want to make sure there is a real problem. Or maybe not. What is the impact of used book sales on the publishing industry? "We think it's not good for the industry and it has an effect, but we can't measure it," said Paul Aiken, executive director of the Authors Guild, a trade group who has previously petitioned amazon not to promote used books next to new books (as is done in many physical book stores) and has previously investigated collecting royalties when libraries lend books to patrons.
Well perhaps someone closer to the publishers knows the impact? "We've not been able to pinpoint a definite effect, but my gut is that absolutely there's an effect," said Dominique Raccah, chief executive of Sourcebooks Inc. in her interview with Tedeschi, pointing out that the book industry had no formal response to online used-book sales "and it concerns me."
Well this whole matter concerns me too. Legal issues aside (like the right to buy and sell property), did these concerned folks consider that used books have a history as old as publishing. That most of human wisdom depends upon the transmisson of ideas in print and that their entire business is based on a public grant of copyright meant to further a public interest.

This is a scandal - and folks ought to speak up about it before these coconuts shoot themselves in the foot and take the publishing industry down the path of the recording industry, with their dreams of electronic texts sold directly to customers and their politically well connected publishing leaders.
Recent Comments