And By Raging I Mean Flailing, And By Light I Mean Relevance

December 27, 2011

A friend of mine points me to this incredible New York Times article in which publishers lay out the fact that they are fundamentally opposed to public libraries, detailing their struggles as they take up arms against these nefarious institutions promoting such injustices as culture, literacy and the greater public good.

Ms. Thomas of Hachette says: “We’ve talked with librarians about the various levers we could pull,” such as limiting the number of loans permitted or excluding recently published titles. She adds that “there’s no agreement, however, among librarians about what they would accept.”

It’s really a great article, full of these little turns of phrase that seem to come out of publisher’s mouths without them even realize how evil they sound. “There’s no agreement among librarians to bend themselves, the public and the greater good over this barrel we’ve offered to sell them at a very reasonable rate”, they don’t quite say.

HarperCollins was brave to tamper with the sacrosanct idea that a library can do whatever it wishes with a book it obtains.

This sacrosanct idea is better known as the First-Sale Doctrine; those crafty librarians, always falling back things like “established law” and “century-old Supreme Court decisions” to make their case. Crazytimes, right?
But that’s not the best bit:

David Young, Hachette’s chief executive, says: “Publishers can’t meet to discuss standards because of antitrust concerns. This has had a chilling effect on reaching consensus.”

Mr. Young lays it flat out: that laws prohibiting anticompetitive collusion and price-fixing are having a “chilling effect” on major publishers’ attempts to collude, fix prices and thwart competition.
I can’t imagine a functioning adult saying this with a straight face, but there it is. “Laws against doing evil things are having a chilling effect on the efforts of aspirant evildoers.” I’m sure it’s a problem for somebody, but as far as I’m concerned, mission accomplished, gold stars all ’round, well done laws and keep up the good work.
As has been noted many times, by many people, we’ve juiced up the entirely artificial copyright laws of the world to the point that if libraries weren’t already a centuries-old cultural institution, there’s no chance they’d ever be able to come into existence today. And here in this miraculous age of free-flowing information, that’s sad as hell.


Previous: