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Canada’s CSEC agency isn’t as well known as its American counterpart, the NSA, but the Snowden leaks have brought them into the spotlight for their spying efforts. This spying has many questionable aspects, including economic espionage on Brazil, but even more concerning (if you’re Canadian) is how little we know about their spying on Canadians.
Not everyone is content to assume that things can’t be that bad in Canada. The BC Civil Liberties Association has launched a lawsuit against the Canadian government because of CSEC’s unaccountable illegal spying. This is a huge precedent-setting deal.
Watch this space for more of what librarians specifically can do to help (and feel free to make suggestions here, on Twitter or wherever else you feel moved to).
We’ve had a week of responses to the Access Copyright (AC) lawsuit against York University, and predictably they haven’t been very supportive of AC’s decision to defend what the Canadian Federation of Students calls “obsolete licensing agreements” and “archaic models.” Canadian Association of Research Libraries (CARL) President Thomas Hickerson said in CARL’s statement,
Access Copyright’s action seems to question rather clear copyright law and jurisprudence, and feels very much like an attempt to intimidate universities into buying their blanket licence.
But why would AC need to be intimidating institutions into using its services? A big answer to that question comes from the Supreme Court’s 2012 decisions supporting Fair Dealing for education. It was these rulings that undermined AC’s business model by supporting a more open approach to copyright in educational matters. In those rulings, as Howard Knopf pointed out at the time:
- Collectives cannot assume that they will be entitled to an additional “layer” of remunerated rights every time there is a new method of delivery. Technological neutrality matters.
- The Court said what it meant and meant what is said in CCH v. LSUC in 2004 and will move forward from there – not be pushed backwards. Users have rights that must be given a “large and liberal interpretation”. Copyright doesn’t exist solely for collectives.
- Educators are in a “symbiotic” relationship with students and the Copyright Act serves the goal of education, which includes access to essential material. “Instruction and research/private study are, in the school context, tautological.”
There’s much more at that link highlighting the kinds of things that in this lawsuit Access Copyright seems to be pretending the court did not say.
Last summer Michael Geist also took a closer look at what those Supreme Court cases meant:
Led by Justice Abella, the court has reaffirmed that fair dealing is a user’s right that must be interpreted in a broad and liberal manner. In fact, the court provides further guidance on interpreting fair dealing with an emphasis on the need for a flexible, technology-neutral approach. In reading the decisions in the Access Copyright and song previews cases, it is hard to imagine a bigger victory for education, Internet users, and innovative companies.
That victory for Fair Dealing and education in general was last year though, and maybe we’ve seen a huge amount of terrible activity at York University since then to justify lawsuits? Nope. As AC’s statement says, its “legal actions signal to institutions that we continue to strongly disagree with their interpretation of the law.” This is not a case of specific infringement, but a policy disagreement that is leading AC to spend the money it makes from its members litigating educational institutions.
The Canadian Association of University Teachers (CAUT) issued a letter to Access Copyright noting that AC’s lawsuit is not in the service of education:
As we have explained, the availability of new contractual models (specifically site licenses directly between content providers and academic institutions), modes of scholarly communication (Open Access publishing), and user rights (the CCH and Alberta decisions and Bill C-11) has had a profound impact on the utility of Access’s services in the post-secondary education sector. It is now clear that Access Copyright’s only plan is to try to hang on to the past. This serves no one well.
And that’s really the problem with this whole thing. Suing people/educational institutions to protect a business model is not a way to help students and scholars. In CARL’s statement Brent Roe said,
[Fair dealing] unlocks knowledge for generations of students, who are the future of innovative research. Education as fair dealing must be protected against predatory lawsuits.
That is a position that we totally support.
Since we posted about it last night, Michael Geist has written specifically about this new lawsuit by Access Copyright against York University, and Howard Knopf has a post about the tariffs mentioned in the press release has posted a copy of the Statement of Claim in the lawsuit.
The Canadian Association of Professional Academic Librarians has released a short statement, which also linked to the Canadian Association of University Teachers’ analysis of Access Copyright’s bad deal for education.
Also, it’s probably worth noting that BCLA wrote a letter to BC College and University presidents (PDF) in 2012 about Access Copyright, and made a resolution on the matter (PDF) too.
If you care about copyright enforcement in Canada you probably noticed a little news piece today. Access Copyright is suing York University for not signing onto its agreement. Or, in their words “York’s purported fair dealing guidelines authorize and encourage copying that is not supported by the law, and that there is no justification for the University to operate outside the interim tariff.” You can check out York’s fair dealing guidelines on their website.
To really get into the meat of this would require someone with more knowledge of the documents than me, but I just want to highlight the language used. As well as saying this is “a last resort” AC’s press release includes the following sentences:
But for those institutions that have walked away from our shared interests of reading, writing and learning, there are ramifications. … On behalf of writers and publishers, as well as those who need the materials they produce, Access Copyright is taking a stand.
Maybe that kind of rhetoric is normal in press releases, but it sounds almost parodic ominous supervillainy to me. Also the funding sources for this lawsuit aren’t lost on information professionals:
I’m pleased that by signing on with AC we’ve helped fund this lawsuit against York and others </sarcasm>
— Ian Gibson (@IanGibson11) April 8, 2013
If you want some more detail Michael Geist has been writing about this issue for quite some time, looking at such things as the Supreme Court’s thoughts on how to assess fair dealing in Canada, why the Access Copyright model provides little value, and how the Supreme Court’s decision eviscerated Access Copyright’s business model.
We’ll try to keep you informed as this issue progresses.
Not content with suing librarian Dale Askey for his opinion (see BCLA’s statement on the issue), Edwin Mellen Press is sending its lawyers out (or at least letters from the lawyers) to get blog posts critical of its operations taken down. The Scholarly Kitchen has the letter here.
What did those posts say? According to the letter they attacked the character of the publisher. As Gary Price from the Infodocket points out in his article on the subject, it’s actually hard to remove something from the internet, so let’s see those posts again (thanks for the links). From the first of the taken down posts (via the Internet Wayback Machine, which has prompted at least one tweeter to speculate if Archive.org will be the next entity sued by EMP):
[Dr. Richardson, owner of Edwin Mellen Press] mentioned that Askey had written a highly negative blog posting about EMP in 2010 (the posting has been removed from his blog but retrieved by EduHacker and posted here). As I recall, Dr. Richardson characterized the posting as “scurrilous.” I told him I had never met Askey; he had left the U of U before I was hired in 2007. I got the impression that Dr. Richardson believed it was Askey’s fault our library had stopped buying EMP titles, but I explained that I had worked as an academic bookseller and an acquisitions librarian for 20 years and had formed my own opinion of EMP a long time ago, and that it was my own familiarity with EMP that had led us to stop buying the press’ books.
Dr. Richardson then launched into a long defense of the quality and uniqueness of his list. I finally had to cut him off so I could go to a meeting. It was easily the strangest phone conversation I’ve ever had with a publisher.
And from the other post:
It is abundantly clear that the point of ACUP’s open letter was not to confirm or defend EMP’s character as a reputable scholarly publisher; on the contrary, it was to defend Askey’s posting as “the views of an experienced and professional university librarian” and his expressed views as “fair comment,” and to call on EMP to stop persecuting Askey for engaging in legitimate criticism. In other words, having been castigated publicly for behaving in a manner fundamentally antithetical to scholarship and freedom of expression, EMP then deliberately drew the public’s attention to that criticism and attempted to characterize it as “confirmation” of its scholarly status. This is simply bizarre.
Also interesting, apparently whoever’s registered the domain name daleaskey.net uses a mellenpress.com email address. The registrar for daleaskey.com is email@example.com. Daleaskey.org has the most tenuous connection to EMP, only sharing the hosting company with the registrar for daleaskey.net. Admittedly this could all be nothing, and I’m sure a lawyer-friendly organization like EMP wouldn’t create a Fake Dale Askey online presence. But still. It’s kind of bizarre. [UPDATE: @DaveYP has a spreadsheet of EMP’s domain holdings if you’re interested in digging in further.]
Press Release For Immediate Release 13.02.2013
The British Columbia Library Association (BCLA) is extremely concerned about the unwarranted and frivolous lawsuits that Edwin Mellen Press has filed against Associate University Librarian Dale Askey and against McMaster University.
Edwin Mellen Press alleges that that comments made by Mr. Askey on his personal blog regarding the quality of their publications were defamatory, and are seeking a total of $4.5 million dollars in damages to compensate for injury to their reputation.
As a professional librarian engaged in collection development Mr. Askey is both qualified and obliged to make decisions about published materials. Central to this issue is Mr. Askey’s academic freedom which should ensure that he, as well as fellow academic librarians, has the ability to freely speak, write, review and evaluate as professionals without fear of reprisal, litigation, or control by vendors, employers or other external bodies.
As a citizen in a democratic society Mr. Askey is free to have and share his opinions with his community, society and country. Sharing and debating perspectives without fear of recrimination is the hallmark of a healthy democratic society peopled by engaged citizens.
Librarians and information workers uphold the rights of all community members to express a critical view about the value of a book or other information materials. This includes a librarian’s own right to do the same. Every citizen should be able to express an opinion without fear of litigation should they offend an author or publisher. By filing lawsuits against Mr. Askey and McMaster University Edwin Mellen Press is attempting to create a climate of fear among librarians, information workers, and all libraries that may critique their product.
BCLA condemns the misuse of the court process to intimidate libraries, librarians and information workers from discharging their professional obligations and from demonstrating one of the library’s core responsibilities to uphold the right of freedom of thought and expression.
BCLA urges Edwin Mellen Press to withdraw its lawsuits and instead engage in a debate, a conversation or a discussion with the library community in order to build a healthy society that reflects a myriad of opinions held by diverse community members.