… by using the force of law to try to prevent Georgia State University students from accessing works of science and the useful arts unless they pay $50–$100 a pop to go through an academic publishing racket for obscure books with little resale value.

(Via Roderick Long @ Austro-Athenian Empire 2008-05-21.)

Please note that in the real world, outside the fever-dreams of academic publishers, sharing books and articles is an essential part of the life of a research university. Besides lending the book itself, every department has a copy machine, and every professor uses it, quite often, to run off paper copies of articles or chapters that they give away to their students. I have a file box with easily several thousand pages worth of xeroxed articles that I accumulated over the course of my college career. Or, if the professor doesn’t have the book herself, or doesn’t want to put the xeroxes on her tab with the department, every University library has self-serve xerox machines and a book-reserve system, where the professor can ensure that a copy of the book is always available for students to share with each other, and to xerox the relevant sections out of if they want to take it back to read on their own time. And all this is available even though professors could have forced each and every student to go down and pay for the $50-$100 anthology at the University bookstore.

Are these godless commies and lying, thieving mutualists that infest the Academy stealing from poor, innocent academic publishers by passing around xeroxes? No; all it is is that they aren’t insane, and they are aware that supporting some particular academic publisher’s business model is not their students’ responsibility.

Yet as soon as the University eliminates the paper medium, and facilitates exactly the same thing through an non-commercial, internal University course pack website — which does nothing at all more than what the xerox packets did, except that it delivers the information to pixels on a monitor instead of toner on a page — the publishers’ racket can run to court, throw up its arms, and start hollering Computers! Internet!, send their lawyers to try to shake down have a discussion with the University administration for new tribute to their monopoly business model, and then, failing that, utterly uncontroversial decades-old practices of sharing knowledge among colleagues and students suddenly become a legal case raising core issues like the future of the business model for academic publishers, while even the most absurd protectionist arguments are dutifully repeated by legal flacks on behalf of sustaining the racket. (Thus: It’s difficult to argue that this is a truly noncommercial use [even though Georgia State receives no money from students for the course packs]. Georgia State may be a nonprofit institution, but its students pay a lot of money for course materials, and would presumably pay money for the materials being provided to them by the university.)

A few years ago, when I was living in Ypsilanti, I sat in on a seminar over at the University of Michigan on Frege, Russell and Wittgenstein. There were a few textbooks to buy at the University bookstore (most of which I already owned), but a lot of the reading consisted of articles collected into a xeroxed course pack of anthologized articles. To get the course pack you went down to this copy shop in downtown Ann Arbor where the professor had left the master copy for the course pack. You paid Excel a fixed fee for the course pack; they took down the folder with the masters from the shelf, and then escorted you to a self-service copy machine where you had to mash the Copy button in order to make the copies yourself. Then you gave the copied sheets back to them at the counter, where they would take the copies you made back and bind them for you.

The reason that you, personally, had to push the copy button is because xeroxing articles out of books for the purposes of a class is legally speaking, completely non-controversial, but if you paid exactly the same amount of money, and the copy shop did exactly the same thing, except that an employee mashed that Copy button at your behest instead of making you do it yourself, the elimination of that minor inconvenience to the student would instantly convert the transaction from non-commercial to commercial copying, and thus expose the copy shop to a crippling lawsuit, as actually happened to Michigan Document Services in Ann Arbor back in 1992.

So, to be fair, I suppose you can credit the Intellectual Protectionists with fostering knowledge and innovation in one respect: by relentlessly attacking any sharing practice that they can get away with attacking, and exploiting any technological change in order to chip away and obliterate as much of traditional fair use protections as they can manage, have produced an absurd dynamic in which basically identical transactions are treated as radically different from one another, in courts of law, such that, in order to avoid lawsuits, academics, libraries, and copy shops have been forced to invent all kinds of creative new ways of splitting hairs and engaging in the most ridiculous sorts of casuistry just to keep on doing what teachers normally do, while covering themselves from the threat of a ruinous lawsuit.

Thanks, Intellectual Protectionism!

Oh, and by the way.

Incidentally, in case you are interested, the academic publishers currently suing Georgia State University to try and force their students back into the academic publishing racket are Cambridge University Press, Oxford University Press, and Sage Publications. The publisher that went after Michigan Document Services in 1992 was Princeton University Press. Wouldn’t it be interesting—a funny sort of coincidence, you know, one of those weird things that just happens in life when you were least expecting it—if bloggers committed to free minds and free culture just happened to start posting large quotes (of about 10-15 pages) from Cambridge, OUP, Princeton, and Sage books on their public, Google-searchable websites, under principles of fair use? All strictly for the non-commercial purpose of educating interested readers, of course. Wouldn’t it be interesting if it turned out that there was so much interest in talking about the topics covered in one of Cambridge’s, OUP’s, Princeton’s or Sage’s books that the whole book ended up getting posted, by a crazy series of coincidences, in protected bits and pieces on different websites, at the same time that those publishers are trying salvage their broken business model by mounting this massive screwjob on identifiable targets like innocent students at Georgia State?

The funny thing is, I was just thinking the other day that my readers here might enjoy learning some ordinary language philosophy, which might be illuminated by appropriate fair-use quotations from Stanley Cavell’s Must we mean what we say? (Cambridge University Press, 1976/2002), and some ancient moral philosophy, for which an absolutely essential source of appropriate fair-use quotations is Terence Irwin’s masterful study on Plato’s Ethics (Oxford University Press, 1995), and also some feminist political theory, which obviously demands taking a look at some key passages from Susan Moller Okin’s Women in Western Political Thought (Princeton, 1979). If you have a blog yourself, maybe you might find that your readers would be interested in discussing other key passages from those same books. Who knows? Or perhaps they’d be interested in discussions that other fine books from Oxford, Cambridge, Princeton and Sage happen to touch on.

I’m just sayin’.

Feel free to let me know what books you’re talking about with your readers about in the comments.

A couple years ago, the Virginia state legislature took bold action against a grave and gathering threat to democracy, freedom, and our way of life:

The House of Delegates voted 60 to 34 Tuesday to impose a $50 fine on anyone found wearing pants low enough that a substantial portion of undergarments is showing. Note the vote: It wasn’t even close.

…

About those pants: Lots of kids these days are conducting a large-scale experiment to see if trousers can defy gravity. This results in the widespread public exposure of underpants.

This greatly offends Del. Algie Howell Jr., a Democrat from Norfolk and author of the no-low-pants bill, which still faces a vote in the generally more skeptical Senate. People that live in my neighborhood don’t want to have to see undergarments, Howell told me. It’s not about individual rights; it’s about values. I own a group home; we take in kids who’ve been in trouble. Most of the men who come in in shackles and handcuffs are trying to hold up their pants. The way you dress does have something to do with how you behave.

Since the state has an interest in fighting unemployment and crime, Howell figures the state is right to ban a practice that he says makes young people less attractive as employees and more likely to turn to crime.

—Marc Fisher, Washington Post (2005-02-10): Droopy Drawers Drive Va. House To Distraction

Now here’s the latest from Delcambre, Louisiana:

The Delcambre Board of Aldermen outlawed indecent exposure in the form of sagging pants Monday, but not before several residents voiced their objections.

The board voted unanimously to make it illegal for anyone to wear clothing that exposes them or reveals their underwear in public.

The ordinance states, It shall be unlawful for any person in any public place or in view of the public to be found in a state of nudity, or partial nudity, or in dress not becoming to his or her sex, or in any indecent exposure of his or her person or undergarments, or be guilty of any indecent or lewd behavior.

It is punishable by up to a $500 fine or up to six months in jail, or both.

Delcambre Police Chief James Broussard said violators can be arrested if officers spot them while on patrol, or if another resident files a complaint.

—Jeff Moore, The Daily Iberian (2007-06-12): Sagging bagged by town

Radley Balko informs us that there is a movement afoot amongst the Real Americans, in both Red states and Blue:

Moreover, civic organizers in Atlanta, Detroit, Nashville, Tenn., and Birmingham, Ala., are planning antisagging rallies, says Pastor Dianne Robinson of Jacksonville, Fla., who last week handed out 78 donated belts at a belt rally. This sagging of the pants is to me a defiant act, and it has all kinds of implications, says Ms. Robinson, who is black. If you can’t get up in the morning and pull your pants up, that says a lot about you, even if I don’t know anything about you.

—quoted by Radley Balko, The Agitator (2007-07-20): Droopy Drawers Banners See Cracks in Opposition

Now that we already have a professional cadre of bureaucrats running behind us all, yelling You’ll put an eye out with that! and Don’t drink that, it’ll stunt your growth!, how could our statesmen and civic organizers possibly refuse their duty to set the Law running around after people wearing dress not becoming to his or her sex [sic!] and black kids committing defiant acts, screaming You’re not going out like that, are you?! and Don’t you take that attitude with me, young man!

Here’s the rules:

1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This one is unusual for my Over My Shoulder quotes, in that it comes from a novel, whereas all my previous quotations came from works of nonfiction. Specifically, this is from The Autobiography of an Ex-Colored Man, by James Weldon Johnson. It seemed particularly appropriate in light of the recent battle over how best to write the introductory paragraph for WikiPedia: Robert E. Lee.

It was over before I realized that time had elapsed. Before I could make myself believe that what I saw was really happening, I was looking at a scorched post, a smoldering fire, blackened bones, charred fragments sifting down through coils of chain; and the smell of burnt flesh—human flesh—was in my nostrils.

I walked a short distance away and sat down in order to clear my dazed mind. A great wave of humiliation and shame swept over me. Shame that I belonged to a race that could be so dealt with; and shame for my country, that it, the great example of democracy to the world, should be the only civilized, if not the only state on earth, where a human being would be burned alive. My heart turned bitter within me. I could understand why Negroes are led to sympathize with even their worst criminals and to protect them when possible. By all the impulses of normal human nature they can and should do nothing less.

Whenever I hear protests from the South that it should be left alone to deal with the Negro question, my thoughts go back to that scene of brutality and savagery. I do not see how a people that can find in its conscience any excuse whatever for slowly burning to death a human being, or for tolerating such an act, can be entrusted with the salvation of a race. Of course, there are in the South men of liberal thought who do not approve lynching, but I wonder how long they will endure the limits which are placed upon free speech. They still cower and tremble before Southern opinion. Even so late as the recent Atlanta riot those men who were brave enough to speak a word in behalf of justice and humanity felt called upon, by way of apology, to preface what they said with a glowing rhetorical tribute to the Anglo-Saxon’s superiority and to refer to the great and impassable gulf between the races fixed by the Creator at the foundation of the world. The question of the relative qualities of the two races is still an open one. The reference to the great gulf loses force in the face of the fact that there are in this country perhaps three or four million people with the blood of both races in their veins; but I fail to see the pertinency of either statement subsequent to the beating and murdering of scores of innocent people in the streets of a civilized and Christian city.

The Southern whites are in many respects a great people. Looked at from a certain point of view, they are picturesque. If one will put oneself in a romantic frame of mind, one can admire their notions of chivalry and bravery and justice. In this same frame of mind an intelligent man can go to the theatre and applaud the impossible hero, who with his single sword slays everybody in the play except the equally impossible heroine. So can an ordinary peace-loving man sit by a comfortable fire and read with enjoyment of the bloody deeds of pirates and the fierce brutality of Vikings. This is the way in which we gratify the old, underlying animal instincts and passions; but we should shudder with horror at the mere idea of such practices being realities in this day of enlightened and humanitarianized thought. The Southern whites are not yet living quite in the present age; many of their general ideas hark back to a former century, some of them to the Dark Ages. In the light of other days they are sometimes magnificent. Today they are often cruel and ludicrous.

—James Weldon Johnson (1912), The Autobiography of an Ex-Colored Man, ISBN 0-14-018402-3, pp. 136–138.

TONIGHT, on News of the Obvious:

• International correspondents John Lopez and Donald Rumsfeld: U.S. Has No Exit Strategy for Iraq

• International correspondents Anthony Gregory and Terry Jones: Bombing is bad for children’s health.

• International correspondent Thaddeus: The US armed forces are facing a major crisis as commitments throughout the world continue to demand fresh recruits and, despite the fact that the army has lowered its standards, the number of people willing to enlist is falling fast.

• In New York, Tom Tomorrow: Cops abuse their power and lie about it. Film at 11.

• In Atlanta: Eric Rudolph is not an anarchist. But he is a a real asshole.

• Correspondent Trish Wilson: E-mails disclosed to News of the Obvious reveal that the Father’s Rights movement are weaselly apologists for male violence.

• Correspondent Michael Berubé: David Horowitz isn’t just a far-right ideologue. He’s also a sorry old fraud.

• And in History of the Obvious a couple of days ago: Leninists kill people after claiming to be their “comrades”, and just because he’s the one who lost doesn’t mean that Leon Trotsky was any better.

Anti-abortion terrorist Eric Robert Rudolph has agreed to plead guilty for four bombings: the bombing at the 1996 Atlanta Olympic Games, a lesbian nightclub near Atlanta, an abortion clinic in Atlanta, and the deadly 1998 bombing of the New Woman All Women clinic in Birmingham. Other than having to listen to an unwarranted swipe at anti-government extremists, and hear a few self-congratulatory fork-tongued words from Alberto Gonzalez, this is some very good news:

The deal that led Rudolph to give up will spare him his life, U.S. Justice Department officials said Friday in announcing they had reached an agreement with the man once held up as the ultimate anti-government extremist.

The fugitive who claims he lived on the land for five years as authorities searched in vain agreed to plead guilty and admit setting off a deadly bomb at the 1996 Atlanta Olympics and three other blasts. The deal will leave him with four consecutive life sentences.

The many victims of Eric Rudolph’s terrorist attacks … can rest assured that Rudolph will spend the rest of his life behind bars, U.S. Attorney General Alberto Gonzales said.

Hearings have been scheduled in Birmingham, Ala., and Atlanta on Wednesday, where Rudolph is scheduled to admit his guilt. He will have no possibility of parole.

— Asheville Citizen-Times 2005-04-09: Rudolph avoids death penalty with plea agreement in four bombings

This is justice—a justice that only a year ago many of us never thought we would see. Justice will not bring Robert Sanderson back, and it will not heal Emily Lyons’ wounds. Nothing will. But it is something to welcome, after all these years, and to be glad for, even if our gladness comes with terrible pain.

It is also good to see that justice for Rudolph will come untainted by wrath. The last thing we need is a martyr for the terrorist wing of the anti-abortion movement, and the last thing I need is to be stuck with defending the rights of yet another ghastly shell of a human being who is obviously guilty as hell to be free of the hangman’s noose. Thank Heaven for small mercies.

hello birmingham
it’s buffalo
i heard you had some trouble
down there again
and i’m just calling to let to know
that somebody understands

i was once escorted
through the doors of a clinic
by a man in a bullet proof vest
and no bombs went off that day
so i am still here to say
birmingham
i’m wishing you all of my best
oh birmingham
i’m wishing you all of my best

— Ani DiFranco, Hello Birmingham