Google v. Oracle: A Good Day for the Open Web

Earlier this month, Lila Bailey wrote about the Google v. Oracle decision by the Supreme Cout regarding Java. She wrote:

In a 6-2 decision, the Supreme Court held that Google’s copying of many declarations associated with the Java SE API (including only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program with their own implementing code) was a fair use of that material as a matter of law. That means that this ruling applies to all APIs, not just the one at issue here.

While Java may - in some circles - not be as heavily used as it once was, the real impact is as Bailey noted - applying it to other APIs. I can imagine many programmers jumping for joy because of this decision.  I can also imagine a number of companies agonizing that some of these computer code can now be used by others under fair use. No matter what, this is a win for interoperability!

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Creative Commons Podcast

I enjoy listening to podcasts and am pleased to now be listening to this one. In February, the Creative Commons launched a new podcast called Open Minds … from Creative Commons. The debut episode featured a conversation with Creative Commons CEO Catherine Stihler. Stihler talked about her career (wow!) and her vision for what's next for the CC movement. The podcast is available on Apple Podcasts, Spotify, SoundCloud, and more. You can also subscribe via the show’s RSS feed.

It is hard for me to believe that the Creative Commons is 20 years old! I have fond memories of hearing Larry Lessig talk about the "open" movement. Through his various streamed or recorded presentations, he ingrained into me the reality that we need to be able remix content. The idea of building upon each other's works is at the core of what we do as people. Our technology now let's us create and remix in new ways. The Creative Commons allows us to say to others "use my work!" as you create your own works. The licenses are liberating!

The Creative Commons licenses have become important to creators and users around the world. For me, they help to fuel what I do. I am thankful for Lessig and everyone else who has made the Creative Commons a reality and kept it going. I welcome what Stihler's impact on the organization will be.

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National Library Week: Welcome (?) to Your Library

Today began National Library Week in the U.S. This year's theme is "Welcome to Your Library."  Given the COVID-19 pandemic, budget cuts, furloughed staff, closed physical spaces, a move to online programming, more of a reliance on digital resources, and the impact of racism on us all, "welcome" can be a hard word to say.  

The Welcome Mat is Out

Right now we are welcoming people to come into our physical spaces and asking them to do so in a way that protects their health and the health of library staff. We're asking community members to engage with us in different ways than before, again in an effort to keep people safe from COVID. We're finding ourselves doing more cleaning - or asking patrons to sanitize spaces - and worrying about airflow. We're reassigning staff to help with COVID testing, contract tracing, and COVID vaccinations, where we hope they can be a helpful and a welcoming community presence. We are busy!

Looking to the Future

The pandemic and its effect are not over. Racism has impacted all of communities and it having us re-evaluate our collections now, thanks to Dr. Seuss. And we're advocating for an improvement in our budget shortfalls caused by the rippling effect of COVID on our communities. There is much for us to do to ensure that we are seen as welcoming in the future.  Maybe the events of this week will help to fuel us for what us ahead.

ALA National Library Week Events

Each day this week is focused on something different:

• Monday (April 5): Today ALA released its 2021 State of America’s Libraries Special Report: COVID-19, which includes the highly anticipated Top 10 Most Challenged Books of 2020.


• Tuesday is Library Workers Day.


• Wednesday is National Library Outreach Day (formerly known as National Bookmobile Day).


• Thursday is Take Action for Libraries Day. Yes, advocacy! Thursday is also a free and open event with Dan Rather via Zoom for a live conversation at 6:30 p.m. Central Time. Rather will discuss the important role of libraries and his book, “What Unites Us: Reflections on Patriotism.” The event is free and open to all, but registration is required. Sign up on the ALA website.

Happy National Library Week!

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Understanding Fair Use During an Emergency, like a Pandemic

Registration is now open for event! Anyone interested in copyright is welcome to attend.

On May 13 (2:30-4:00 p.m. ET), I'm giving an online workshop for the American Library Association (ALA) entitled Understanding Fair Use During an Emergency, like a Pandemic.  Description:

No one would have predicted that when the pandemic struck copyright would become a hot topic. However, when libraries and school closed their physical doors in spring 2020 and moved online, questions emerged about the use of materials in the online environment. For example, could a book be read in an online storytime? Confusing the matter were publishers who “gave” permission, while those knowledgeable in copyright said that permission was not needed.

This webinar will use four common scenarios to discuss the application of Fair Use during a pandemic and other emergencies, as well as in normal times. Each scenario will focus on a common library activity. Basic copyright information with be provided, so that everyone enters the scenarios with similar knowledge. There will be time for participant questions throughout.

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Open Textbook: Legal Issues in Libraries and Archives

The open textbook, Legal Issues in Libraries and Archives, is now available for use in library and information science programs and by others who are interested in the subject. The book is published using the Creative Commons Attribution 4.0 International License.

According to Ruth Dukelow, one of the co-authors, in her email to the JESSE listserve:

Fifteen expert authors and seven reviewers contributed to the initial thirteen chapters, and we are planning to add further chapters later this year. For the list of the authors and reviewers, see: https://mlpp.pressbooks.pub/librarylaw/front-matter/about-the-authors/

Textbook content is divided into three sections: Intellectual Property, Contracts & Licensing, and State & Federal Statutes. A fourth section, Patron Rights, will be added later this year.

The textbook introduces students to legal concepts through case law and commentary. Each chapter includes scenarios designed for class discussion or reading assignments. LIS faculty can use the textbook to teach an entire legal issues course, or they can assign individual chapters to address legal concepts in other courses. For example, the Copyright and Digitization chapter would be a helpful resource for courses on digitizing archival collections. The chapters on contracts and licensing electronic resources could be assigned in a course on collection development. Students taking public library management and finance courses would benefit from the chapters on FOIA, Open Meetings Acts, and Bonds & Millages.

The textbook has six (6) chapters on copyright and one (1) on licensing electronic resources.

I have not had a change to do more than skim this book.  However, I am already impressed with their work and the number of people who contributed to the effort. I know that having an open textbook will be helpful to many programs as they further introduce their students to the legal issues libraries face.

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