Tuesday, May 19, 2009

E-Book Piracy and Information Seeking Behavior

Relating to the upcoming week’s reading in The Portable MLIS, specifically the chapter by Donald Case on Information Seeking Behavior, this article http://www.nytimes.com/2009/05/12/technology/internet/12digital.html regarding the scanning, dissemination and downloading of pirated books on the web seems especially timely.

The issue is presented in the article in its complexity. Some authors clearly feel that their work is being stolen. Others, like Doctorow, are glad of the publicity and believe that obscurity is a fate worse than copyright infringements. Stephen King clearly has a canny awareness of his target audience; in this case, he implies that those who use pirated material probably wouldn’t be able to prioritize buying one of his steeply-priced new releases into his or her weekly budget.

Of course, some theft is inevitable. To some degree, thieves have always kept one step ahead of those trying to prevent them from stealing. But as Rich argues in the article, the number of cases of book piracy is lately increasing. The reason is not a mystery, according to Rich; new technology and a greater volume of eBook releases have made it easier.

Leading into this phenomenon are several other issues which complicate the matter. From the comments on the article, it is clear that some users consider the costs of using the Kindle to be prohibitive. Others feel that the legitimate purchasers of eBooks are thwarted by overbearing digital rights management controls, which still fail to achieve their goal, which is, presumably, preventing piracy.

Also brought into play is the problem of publishers, who, most people feel, are just happy to overcharge for both hardcover and electronic versions. As Rich states, both authors and publishers are aware of the parallels between the eBook industry and the mp3 industry. It seems to be a clear message to the publishers – if they continue to gouge, people will revolt.

Another issue, which directly relates to the ‘knowledge is power’ axiom, and expressed in the comments by Waltworks and others, is that there is something empowering about taking out the middle man (or woman) and allowing a free-flow of information between the reader and the author. In another parallel to the music industry, and to the manufacture and consumption of popular culture in general, the public may be a little jaded, given that we are force-fed books which are niche-marketed at us by publishers who decide what we, as consumers, will like. To me, it feels a little like an air of populist revolt and perhaps justification that the publishers are getting their comeuppance.

One question which comes to mind is 'Why don’t readers just use their library?'- a point that many of the commentators make. I think Case’s argument partially answers this question. It is less trouble to search online for an illegal copy than it is to physically go to the local library, check something out and have to return it. It appears to support Case’s argument that users would rather have inferior pirated e-versions with errors, than to check out a legitimate copy, because it is the easiest and fastest way to get it. Then again, other reasons may co-exist. They get to keep the book. Forever. Then there is the ever-present problem of demand. When the last Harry Potter book came out, librarians were bracing themselves. Some libraries just cannot cater to the mass hype of hundreds of people wanting to read the same book, all at once.

Many, if not most, libraries now have available some sort of online eBook service as part of basic membership, so why don’t readers access these instead of downloading illegal copies? Could it be lack of technical savvy and online help? Are the books in high demand always checked out? Is DRM limiting access in terms of transferring books to portable devices? Perhaps the eBook collection is limited to non-fiction (as with my local library). Or maybe the readers want a non-fiction textbook, but the collection does not have the specific textbooks that readers need. What seems obvious is that the old system of consuming, publishing, and purchasing books needs an overhaul.

10 comments:

Jackie Johnston said...

Kazi is hitting the issue right on when she states that convenience is the greatest value in our culture today. My public library has severely limited hours. I have to plan out my trips ahead of time, memorizing the hours they are open so that I can time it right and arrive when they are actually open and not just about to close. If a new and exciting book comes out, I don't even bother putting my name on the waiting list, as I know that hundreds of people are ahead of me waiting for the same 5 copies of the book I want. And I know I'm not alone in this. Budgets are tight, and accessing something quickly and for free on the internet does and will continue to trump a trip to the library. More people in America today have access to the Internet than they do to a library. Of course, authors must and should be paid for their work. But it is only in recent history that authors have expected to get rich. Most of the creators of the classics that we read and enjoy today saw little or no monetary reward for their efforts. Many authors will self-publish just to get their voices heard. Is authorship as a career on the downside? This might actually enhance the quality of writings available, as only people who truly love what they are writing and truly believe that what they are saying has intrinsic value will go to the effort to spread their words to the world, whether electronically or on physical paper. Will this actually improve the quality of what is published? I don't think anyone will argue with me when I state that a lot of garbage currently is being published. Our current economic crisis seems to be creating a paradigm shift in consumer's minds on spending habits. Customers seem to be thinking twice about dropping $5 at the register for a fan mag. There is much to be said for the value of a refiner's fire. Perhaps that is what the Internet is providing, it is forcing us (and libraries) to rethink how we do things, what, and why. Perhaps libraries should purchase electronic rights such as Kindle and make them available to patrons, either in-house during their visit or for a limited period of time at their own convenience. Libraries can't ignore the electronic evolution of information. Nor, to their paycheck peril, can authors.

Betsy said...

I think this was a really interesting and relevant article. The music, tv and movie industry have been dealing with this problem of piracy for years and years, and for the most part, to no avail. People who want to get their hands on free music/movies, etc., will find a way to get it. Maybe I'm just a wimp and too afraid of being caught, but I never wanted to illegally download movies or music offline. I figured I would either ruin my computer with a virus, get caught stealing, or end up with a bad version of the item any way, and end up buying it after going through all the hassle to get it free.
I can't imagine that I would enjoy reading an ebook. I love going to book stores and browsing around and finding little treasures where I least expect them. (like in the tween section with Twilight!) I love the smell of books and I look curling up in my chair and reading a good book. I think the entire experience would be ruined by reading online. I don't think ebooks will ever catch on the way that music downloading and such have caught on. Most people(or at least I think) who spend money on books enjoy the experience and respect the authors and the work they put into it.
It's very intersting that Jackie thought the piracy of books might make the quality of what is published improve because fewer authors will be able to get deals because the money available at publishing agencies will go down. That is a really good point, but quality is a relative term. Everyone had different opinion about what they think is 'quality' or a 'good book.'
Although this problem is obviously aggravating to the authors and publishers, I don't think it will ever become out of hand like the other industries.

Ian said...

People tend to be lazy, as Case stated regarding the Principle of Least Effort, "[t]he PLE's premise is that in performing tasks...individuals adopt a course of action that will expend the probable least average of their work-the least effort." (Haycock p. 38) If we want something we will do everything in our power to obtain it by doing the least amount of work. Ebook piracy or for that matter, any type of electronic piracy, would have little effect if people weren't so willing to bend the rules a little bit if it means more convience for them. No one would illegal download a song, movie, ebook, or software if that meant that it saved them tens of dollars AND they didn't have to leave their house to do it. I admit that in my younger days I used Napster and that I would still love to get a good novel online for free.
The local library is a great resource, as is the university library if you happen to be a student, for those looking for entertainment without spending $30 for the new Stephen King novel. And while it does have its drawbacks, it is still a place you can go that's almost as convient and more legal. Piracy is illegal and has been since the dawn of time regardless of it appearing to be like"Robin Hood." For those that don't want to pay, can't afford to pay, or are just too lazy to go to the store, try your local library. They may have what you're looking for and if not, chances are they have something you've never heard/seen/read before. Give the library a chance and save yourself the risk of a huge fine and/or jail time if someone ever catches you illegally downloading.

lynnv said...

I am the person about whom Case was writing - I am lazy. I am, however, willing to pay to view books online for research, which I think should be more readily available. iTunes, are you listening? I will do just about anything to avoid having to drive 45 mins-1hr to get to that WSU library. I get lost every time I do down there, but I digress...

Although I am lazy, I am not a thief, so I would never "steal" by using a pirated book, song, software, etc. Yes, I actually buy software. My husband and I are not American and because of that, we tend to follow "rules" pretty closely so that we can stay here. Now perhaps I would never be deported because I pirated a book, but I do remember during the Napster-thing that families were sued to high heaven for their kids' thievery and frankly, I don't want any of that nonsense on my citizenship application.

Aside from the legal issues involved with pirating books, frankly, I would rather buy the book. Books are something I have never denied my children. The rule in our house is, if it's a book you want, a book you'll get! Now, in this economy our trips to Borders and my clicks on Amazon are less frequent, but we've more than made up for that by adding additional library trips to our family agenda. My kids don't really care whether they get to keep the books or not, unless they're ones we read over and over again.

And really, think of those books you've enjoyed over the years, shouldn't the author of those books be compensated for creating those laughs and tears and thought-provoking "hmmm"s in your life?

As for me, I'm not a fan of online reading. Perhaps if I were like Barb who has to take the GO train into Toronto everyday, then I would feel differently. However, when I read for pleasure, I want to either be on my deck, on a beach, or in my big comfy "reading" chair in my bedroom. Reading for pleasure should be a pleasure and I would take a real, store-bought book over a Kindle and a pirated book any day.

Laura Walton said...

Regarding the Principle of Least Effort, I don’t feel that pirating books online is any easier than going to a library. I am not super tech savvy, but I’m pretty decent with my computer and feel comfortable downloading from I Tunes…or downloading software offered by the University. Even though I am comfortable with my computer, I feel like downloading a pirated book would be way more of a hassle than going to a bookstore or making a trip to the library. Furthermore, I have an incredible guilty conscience and don’t think I could ever download anything illegally and be able to sleep at night.
I think most people are willing to purchase the books, and I think this is why in the article Stephen King didn’t seem to care too much about his books that were being pirated online. The article said that book sales are down right now, but couldn’t that have something to do with our troubled economy? I just have a hard time believing that pirated online books will become a big threat to the industry. Like Lynn said, I prefer to curl up on the couch with a good book and turn the pages as I read. I’ve never been able to get into reading from a computer screen.
I understand that authors are getting frustrated because they are not getting paid for their writing, but I wonder if the people who are downloading these books illegally would ever spend their money on them at the bookstores anyway.

Jen Ashkenazi said...

I confess that I am also one of the ones that Case spoke about- sometimes I am guilty of more online research than actually visiting a library. I have justified it over the years with various excuses, some more legitimate than others, like when I was abroad and simply did not have the patience to deal with new university libraries. Online research, however, is much different than book piracy.

I have thought about this topic before in a different light: in some places it is common practice to scan academic textbooks and place them online for students and/or copy the original and sell the photocopies for sometimes up to 90% off the cover price because students cannot afford the original and the libraries only stock maybe one copy. When I asked about this practice, my friends there always teased me that I was the rich sucker who spent $100s of dollars on texts in addition to my college tuition. When I would mention copyright/legal issues the responses tended to revolve around the fact that the texts were necessary for studying and if someone wanted to sue hundreds of students, they were welcome to try. I did not argue with them too much because really, the textbooks were quite expensive relative to salaries and people need to learn. Where do you draw the line?

Getting back to the article and Jackie’s question, I really hope that authorship is NOT in decline! I would rather that people explore e-publishing options and consider skipping the middleman. I support Kazi’s comment about overhauling the book “consumption” industry and her comment about what libraries can (and I think should) offer online. I don’t think books are ever really going to go out of fashion, but how we relate to them is changing and needs to be addressed.

Monica said...

My mother and I have been having the mp3-book debate for years. I never understood why it was so problematic for people to download music when people freely pass around books they've read. Also, I remember not too long ago when people bought CDs and copied them to a cassette (sp?) for their friends. Illegal, yes, but no one made a fuss about it.

I realize that what is going on now is clearly illegal, but again, how can this be illegal when I can buy a book at the airport, take it on vacation, finish it on my return flight, and leave it on the plane or somewhere in the airport for someone else to read? It's kind of the same thing, isn't? Someone is reading something that they haven't paid for?

As to the Kindle and e-books, I don't like 'em. I haven't tried a Kindle yet, but I can't imagine that I wouldn't like it since I don't even like reading my Detroit Free Press online, nor do I like dealing with e-books for research.

The ROPL has a selection of e-books that one can take advantage of rather than having to go to the library (and so do most academic libraries, and I would imagine other public libraries), so I do not understand how it can be "easier" to search for a book online to download and have to deal with. As Lynn said (I think it was Lynn), I'm pretty tech-savvy, but I think that would be kind of an ordeal. (Then again, I also think it's easier to actually write a paper than to cut and paste from Wikipedia, so perhaps I'm not the best judge of what's easy and what's not.)

Anyway, my main "issue" with these pirated e-books and such is how is that any different from me loaning or giving a book to someone I know? My goodness, every time my mom buys a Janet Evanovich or John Grisham book, no fewer than five people in our family wind up reading it. While I realize it's illegal to pirate "stuff," I don't really see the distinction there...how is one pirating and the other not?

Monica said...

I felt like I needed more perspective on this in relation to library use to get an idea of how much money we're talking about.

When I was in Kentucky, I lived in one of its largest counties, which is not saying much when compared to the population of other states in counties. After deciding I wanted to give the "Twilight" books a whirl without having to invest $100 in them, I went to the library. There, of course, was a waiting list. When I got on the list, I was number fifteen (I know this because I was told so and that it may take six weeks for me to get my copies).

So, let's just say that each book in the series costs $10. There are four books in the series, so that amounts to $40. Then, multiply that by 15 people and you get $600. The library estimated that there is anywhere from a two to six week turnover for the books. Split the difference for four weeks, and there you have in one county in Kentucky alone, roughly $150 per week that is NOT being spent on books. That's a pretty sizeable chunk of change that *could*, I would think, contribute to slumping book sales when you factor in the increase in library patronage over the past few years.

Is it possible that, while illegal, the book industry is simply for a scapegoat here and can't very well blame increased library use for slumping sales?

Beth said...

Monica makes an excellent point, I think. There doesn’t seem to be a huge difference between downloading and reading a pirated ebook and passing a book that you buy on to a friend or family member? The only one I can see is that the person downloading the ebook never actually pays for it whereas someone has to pay for the initial book to be passed around.

I also wonder how ebook piracy is theoretically different than walking into a bookstore, picking up a book and reading the first chapter or so while standing in the aisle way or sitting down before deciding not to buy the book because it does not interest you. You are still partaking in a book for which you have no paid. I have seen it happen numerous times. I will admit that I have sat in Barnes and Noble on occasion and read a few pages and decided I didn’t like it. Does a person’s intent make the difference? Like you are aware that downloading pirated materials is illegal, therefore you are stealing but perusing a book in the bookstore is less passive therefore it is not illegal? Or is it the fact that people can download and read ebooks time and time again whereas it is far less likely than someone going back to a bookstore over and over to read the same book. Even taking those factors into consideration, it still appears the same to me.

As for the decline in book sales, another reason possible is websites like half.com where people can sell their used books. I can buy a gently used hardcover and pay less for than I would for a brand new paperback in the bookstore. As Laura mentioned, we living in a time where the economy is tight. For most people, buying books is as much a luxury as going to see a movie. It's not a matter of not wanting to pay for a book, it's a matter of not wanting to pay $25.00 for a book but still be able to enjoy reading.

SMiLe said...

Beth I think it is interesting that you brought up intent when discussing piracy because it immediately made me think of how most of our class got so freaked out about plagiarism in our writing. As graduate students we understand that plagiarism means dismissal from the program no matter if you did it intentionally or not. If this were to happen to one of us we would be devastated. As were the parents Jeri mentioned who were sued for their children's illegal activity. The parents never intended for their children to participate in illegal activities but they were still held accountable for their actions. Simply put, intent doesn't matter, if the law is being broken.

I would not put chapter perusing in the same category as piracy. Now if you went to a bookstore to find a particular book for research purposes, took notes and put it back on the shelf I would certainly place that in the same category. Even music purchasing websites allow you to preview songs from an album before you buy it. Maybe authors should make more introductions or first chapters more readily available online for a preview of what's to come and entice readers to actually buy the book.