Noah Sarna on the issues, cases and events of interest to British Columbia's educational community
E-textbooks introduce a new intellectual property relationship for universities
When I started my undergraduate degree in 1998, seeing a laptop in class was an anomoly. By the time I finished law school eight years later, I heard professors complain about never seeing their students’ faces and identifying the active students by the brand of their computer.
No more pencils. No more papers. Years of education contained in a single hard-drive. I have all the notes from every class I took in law school on a USB key. The one thing that always struck me as redundant was the textbooks – awkward, clumsy and expensive. My policy each semester was to buy a textbook (preferrably a used one) and then resell it at the beginning of the next semester. But that could all change.
Digital textbooks – better known as “e-texbooks” - have made their mark south of the border and there is a growing trend among Canadian campuses to consider making them available as a lighter and less expensive alternative to traditional textbooks. A recent article in University Affairs highlights how this is playing out.
Two years ago, Concordia University became the first Canadian university to offer e-textbooks to its students (see this article from the Concordia Journal explaining the process). The arrangement is similar to iTunes: a student will pay to get a limited use digital version of a textbook, and the licence to use it expires after six months. The university itself becomes the supplier.
This introduces a new intellectual property relationship for universities. There have been no reports of brewing legal battles between publishers, authors, educational institutions or students regarding the process of sale. But it is important to ensure educational institutions are not accepting an increased risk of liability by agreeing to act, effectively, as a retailer for e-textbooks. New technologies often introduce some element of legal uncertainty, and particularly in a difficult economy legal problems are better prevented than treated.
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January 11, 2021 - 3:00 pm
Time-limiting DRM, in effect a rental, is great for popular music that has a shelf life of three months, or movies one expects to watch over a period of a couple of days, or any other pop culture work the cultural usefulness of which has an expiry date.
My problem here is one I alluded to in my post about librarians the other day (shameless plug: http://weblawg.net). Not everything is suited to an expiry date. Next to my desk at the office, standing beside my Black’s and my LSBC Member’s Manual, are my texts on Trusts and on Income Tax. Above my desk at home are my texts on the Constitution, Torts, and foreign Intellectual Property.
These are my texts from law school, and while it would be nice to have searchable and infinitely portable pdf files of each, an expiry date would be a bad idea.
There is no doubt that purely academic texts (those from my undergrad) see more dust than daylight, but many of these law books get their pages perused once in a while.
Is it not an admission by a university that not all of their courses are valuable when they build expiry dates into the texts? Of course, not everyone is going, over their lifetimes, to hold the same interest in postmodern criticism that they may have held as an undergrad. But to assume to no one will? Whether the discipline is academic or professional (assuming a clear distinction can be made, which I doubt), proscribed uselessness makes our universities and their students look very sad.