OverDrive Bait and Switch?

[luqmaninbmore]

Originally Posted by elemenoP

It is confusing, but it looks like the real issue is not the reciprocal/overlap relationship with other libraries, but with offering out-of-region library cards? Am I reading that right? But then how does Singapore Library, Philly Free Library, etc. get away with that? I agree, it is probably a new restriction and other libraries are "grandfathered in." I have long thought that the days of out-of-region library cards (or at least ebook access with such cards) are numbered.

eP

Which is incredibly stupid. If you are legally receiving a card, what business is of Overdrive/Publishers where the clientelle is located. If they think that they are not getting enough from the Libraries, negotiate. If the cost goes up, so will the cost of the out-of-region card. It is rather evil, if explicable, that the contract with Overdrive is causing yet another source of library funding to dry up.

[tubemonkey]

Originally Posted by luqmaninbmore

Which is incredibly stupid. If you are legally receiving a card, what business is of Overdrive/Publishers where the clientelle is located. If they think that they are not getting enough from the Libraries, negotiate. If the cost goes up, so will the cost of the out-of-region card. It is rather evil, if explicable, that the contract with Overdrive is causing yet another source of library funding to dry up.

Geographic restrictions on a local level

I have numerous out-of-system cards and they're all free.

[Andrew H.]

This is a pretty annoying policy, and I wonder if it even really affects the publisher's bottom line at all.

Having said that, I don't really see much to the bait and switch claim. The language is in the contract, and if you can't understand it, you don't sign until you figure out what it means. Libraries are not a couple of volunteers who like to read; they are usually sophisticated legal entities with multi-million dollar budgets and several properties to manage. Like any similar business, they can afford to have a lawyer look over the contract if there's something they don't understand. It would be an irresponsible use of taxpayer money if they didn't.

[tubemonkey]

Originally Posted by Andrew H.

This is a pretty annoying policy, and I wonder if it even really affects the publisher's bottom line at all.

Having said that, I don't really see much to the bait and switch claim. The language is in the contract, and if you can't understand it, you don't sign until you figure out what it means. Libraries are not a couple of volunteers who like to read; they are usually sophisticated legal entities with multi-million dollar budgets and several properties to manage. Like any similar business, they can afford to have a lawyer look over the contract if there's something they don't understand. It would be an irresponsible use of taxpayer money if they didn't.

All of that doesn't explain why the policy is applied arbitrarily.

[librarianchat]

I thought this was common knowledge that there were different digital collections for different libraries.

[Fbone]

Originally Posted by librarianchat

I thought this was common knowledge that there were different digital collections for different libraries.

Yes, however, we are discussing that some libraries are prohibited from purchasing certain titles due to publisher's restrictions.

[catsittingstill]

Originally Posted by Andrew H.

This is a pretty annoying policy, and I wonder if it even really affects the publisher's bottom line at all.

Having said that, I don't really see much to the bait and switch claim. The language is in the contract, and if you can't understand it, you don't sign until you figure out what it means. Libraries are not a couple of volunteers who like to read; they are usually sophisticated legal entities with multi-million dollar budgets and several properties to manage. Like any similar business, they can afford to have a lawyer look over the contract if there's something they don't understand. It would be an irresponsible use of taxpayer money if they didn't.

If you've looked at the language as quoted, and you think it's even possible for a non-lawyer, without the context of this discussion, to realize it *might* mean "if you allow out of area people to buy library cards we will offer you fewer books without reducing our prices," we disagree on this.

And if you think the Jefferson City Public Library, which fits in two rooms and has, I think, three employees, and which is funded by a town with a population of five thousand, is a "sophisticated legal entity with a multi-million dollar budget" that can obviously afford to hire a lawyer, we differ on that too.

[Andrew H.]

Originally Posted by catsittingstill

If you've looked at the language as quoted, and you think it's even possible for a non-lawyer, without the context of this discussion, to realize it *might* mean "if you allow out of area people to buy library cards we will offer you fewer books without reducing our prices," we disagree on this.

I'm not sure what exactly people can understand or not understand. But they shouldn't sign anything that they can't understand.

And if you think the Jefferson City Public Library, which fits in two rooms and has, I think, three employees, and which is funded by a town with a population of five thousand, is a "sophisticated legal entity with a multi-million dollar budget" that can obviously afford to hire a lawyer, we differ on that too.

The library discussed in the article is the Chesapeake P.L. It has a main library, six branches, and a $10 million budget.

But even a tiny library has no business signing a contract that they don't understand.

[catsittingstill]

Originally Posted by Andrew H.

I'm not sure what exactly people can understand or not understand. But they shouldn't sign anything that they can't understand. .

Ideally, of course nobody would sign something they don't understand. The problem is that in this case, it's really hard to spot that you don't understand it. Because it looks obvious--of course you can't let people without library cards check out e-books---but it's not.

I think that may be intentional, since it's decidedly to Overdrive's advantage that the libraries not understand it, of course.

At the very least, large amounts of public attention paid to this can ensure that present victims--oh, I guess that should be "customers"--and future marks--ah, right, that should be "libraries"--do understand it, which can only be a good thing.