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CanLibrariesCopyDigitalMediaForEver

Can libraries copy digital media for ever ?

Well, here's my basic idea/question:

Currently, libraries serve to act as a repository of knowledge and media (books, tapes, video cassettes, DVDs, microfilm, etc...). With books or tapes, when the item becomes tattered or worn, the library has to discard the old copy and buy a new copy (from a licensed distributor).

But now we have digital media.

Several public libraries are now offering DVDs as part of their collection. Currently, it might cost someone $17 - $30 (?) to buy a copy of a movie. A boxed set of DVDs for a season of Buffy the Vampire Slayer?, etc... might cost $50 - $80. But because it's a digital media, (with a lot of money concentrated in a single, small plastic disc?), the libraries might want to make a backup copy in case someone sat on the disc or something (sounds reasonable to me...).

For our example, imagine a library with 10 DVDs. The library makes a single copy of each DVD, which it puts in the DVD case for check-out. The original DVD it keeps in storage as a back-up copy.

Then, if the media gets worn out or scratched, the Library can just make another copy off of the original DVD in storage, break the first copy into pieces (effectively destroying that copy), and put copy #2 in the case for check-out.

If the DVD media goes missing, then there exists the possibility that two copies of the DVD could be circulating (which is probably not legal). Therefore, the Library would have to buy a new copy of the DVD. (* but -- the library should retain the first (original) DVD if the movie or whatnot will be going into the public domain? anytime soon).

So here's the issue: if this kind of action is allowed, then a library (like baker library) could buy 4 copies of every movie that was ever made. Then, students could check them out over and over and over again, not having to worry too much about preserving the media. As long as they got back the disc (even in pieces), then the library could just toss that plastic in the trash and pull a fresh copy from its reserves.

Note that this system is based on the premises that

1. an entity can make a backup copy of media. (being able to make more than one would help this method in practice, but is irrelevant to the theory)
2. a library can lend out DVDs in this manner (which they already are, IIRC..)
3. a library can replace a "worn-out" or broken DVD/Cassette/etc.. with a fresh copy (this might be the biggest sticking point, because the library isn't a "person" owning the media).

Of course, there is a slight modification to this idea:

Libraries might not be able to make back-up copies or replace worn-out items with new copies. But people can.

Imagine a slightly shifted "library" system, whereby the library still exists with its store of materials, but instead of "checking out" an item, a person elects to buy the item from the library.

For books, a person could check-out items as usual, but for a digital media such as a DVD, a person would have to "buy" the item from the library at twice the current market value (just to offset the cost of replacing it if you lost it). Then, the library could hold the original for you, and could offer to make a new backup copy for you (if in their opinion the current secondary-copy was scratched or something..), for a small copying fee. Because individuals are exercising their rights to copy the DVD media (and not the library), it seems as though it would be much harder for the courts to explicitly ban this activity.

But then again, with the DMCA and similiar legislation this idea of "copying" might be gone if people loose the right to make backup copies at all!

Actually, this idea would even work on Cassette tapes? or video tapes? (which are mostly analog). As long as the copies were made off of the original each time, the quality would only be one-step off of the original, and performance (at least in the first 50-years or so) would not degrade.

RobinsonTryon - 19 Feb 2003