E-books and the privatization of the village square

This commentary has also been published at the Huffington Post.

Tomorrow I’ll be part of a panel on e-books being organized in Boston by the Association of College and Research Libraries. We’re supposed to talk about what we like and don’t like about them, and I can do that. But what I really hope to discuss is the place of e-books in a world in which what we used to think of as public space is increasingly being turned over to private, profit-making entities.

Let me explain what I mean with a couple of non-book examples.

In 2003 I bestowed a Boston Phoenix Muzzle Award on Crossgates Mall, in the Albany, N.Y., suburb of Colonie, for calling police and having a man arrested because he was wearing a mildly worded T-shirt in protest of the war in Iraq. The protester — actually, he was just having a bite to eat in the food court after picking up his purchase from the mall’s T-shirt store — was quickly released.

But there’s almost no chance he would have been arrested if he’d been hanging out in the village square rather than a mall. The trouble is that in too many cities and towns, we no longer have a village square except in the form of enclosed spaces owned by profit-seeking corporations. What happened to that protester said a lot more about our privatized idea of community than it does about that one particular incident.

In 2008 the Beverly Citizen, a weekly newspaper on Boston’s North Shore owned by GateHouse Media, discovered what can happen when you turn over some of your publishing operations to Google. The Citizen had posted a video of the annual Fourth of July “Horribles” parade, which included an offensive float that featured a giant, water-squirting penis. The float mocked an alleged “pregnancy pact” involving girls at Gloucester High School, a much-hyped story that turned out to be not quite true.

Although the Citizen’s judgment in posting the video could be questioned, there was no doubt that the float was newsworthy, as it had been seen by hundreds of people attending the parade. Yet Google-owned YouTube, which GateHouse was using as a video-publishing platform, took it down without any explanation. It would be as though a printing company refused to publish a particular edition of newspaper on the grounds that it didn’t like the content. YouTube is an incredibly flexible tool for video journalism. But Google has its own agenda, and hosting content that might offend someone is bad for business.

What’s that got to do with e-books? A physical book, once printed, enters a public sphere of a sort, especially if it’s purchased by a library. But an e-book remains largely under the control of the corporation that distributed it — most likely Amazon, Apple or Barnes & Noble.

We all remember those horror stories from a few years ago when some books people had purchased suddenly disappeared from their Kindles because Amazon was involved in a rights dispute. (Ironically, the books included George Orwell’s “1984.”) In some cases, students lost books they needed for school, along with their notes.

More recently, Apple refused to carry in its iTunes store an e-book by Seth Godin called “Stop Stealing Dreams.” The reason: Godin included favorable mentions of — and links to — other e-books that were available only through Amazon. “We’re heading to a world where there are just a handful of influential bookstores … and one by one, the principles of open access are disappearing,” Godin wrote.

And I’m not even getting into the U.S. Department of Justice’s investigation of alleged price-fixing by Apple and several leading book publishers.

Another concern I have involves the rights of authors. Several years ago Rodale, the publisher of my first book, “Little People,” reassigned all rights to me after the book had reached the end of its natural life. I published the full text on the Web, which led to my hometown high school’s adopting it as its summer read — which in turn pushed me to create a self-published paperback edition with the help of the Harvard Book Store in Cambridge. “Little People” has had a pretty nice second life for an out-of-print book. (I wrote about the experience recently for Nieman Reports.)

But now that e-books and e-readers have become ubiquitous, I’m worried that publishers will simply have no incentive to let authors benefit from the full rights to their own work. If a publisher can make a little bit of money by selling a few e-copies each year, then it might just decide to keep those rights to itself. This is long-tail economics for the benefit of corporations, not authors.

And have you ever tried to lend an e-book to someone?

There is a lot to like about e-books. As someone with terrible eyesight, I like being able to adjust the type to my own preference and use my laptop’s or iPhone’s backlighting rather than depend on iffy room lighting. And my iPhone, unlike whatever book I might be reading, is always with me.

But when unaccountable corporate interests maintain control over what shall take place in the village square, what content shall be deemed suitable for public consumption and what rights the authors and even the purchasers of books shall have, we have put our culture at risk in ways we couldn’t have imagined a generation ago.

Thanks to Twitter followers @jcstearns, @JimandMargery and @BostonGuyinNC, who responded quickly to my pleas for help with research.

A Thanksgiving tale

Old friend Yvonne Abraham (OK, she’s not old, but I am) has a lovely story in today’s Boston Globe about a group of blind, mentally disabled friends who were rescued from the hell of the Fernald School by a caring, progressive staff member. It’s accompanied by a really nice video by Scott LaPierre. It’s a reminder that we all have much to be thankful for.

Why small cities may hold the key to the future

There’s nothing quite listening in on a smart conversation by two old friends. In this week’s Boston Phoenix, Catherine Tumber talks with Jon Garelick about her new book, “Small, Gritty and Green: The Promise of America’s Smaller Industrial Cities in a Low-Carbon World.”

Cathy’s big idea is that down-on-their-luck cities like Lowell and Springfield may be due for a revival as economic and environmental constraints make urban living more appealing. And unlike major metropolises such as New York or Los Angeles — or Boston, for that matter — small cities have the capacity to develop their own self-sufficient ecosystems, including locally grown food.

The book is based on an essay Tumber wrote for the Boston Review in 2009 titled “Small, Green and Good.”

I read “Small, Gritty and Green” in galleys last spring, and I recommend it highly. Cathy also has given me invaluable advice for my own book-in-progress on the New Haven Independent and other community news sites, tentatively titled “The Wired City.”

Catching up with Occupy Boston

If you really want to know what’s going on with Occupy Boston, then you have to check in with my friends at the Boston Phoenix. Anchored by the redoubtable Chris Faraone, the Phoenix has been providing non-stop coverage of the burgeoning protest movement for the past week. You’ll find the latest here, and a link to past coverage here. Essential stuff.

Meanwhile, there’s a fascinating story in the New York Times on the growing alliance between organized labor and Occupy Wall Street, of which Occupy Boston is a part. Things should start to get interesting right about now.

Steve Jobs, 1955-2011

This is a sad day. Steve Jobs has died. He was a visionary and a genius — a genius of design, and of knowing how we wanted to work and play long before we had any idea. “The world is immeasurably better because of Steve,” said Apple in a company statement, according to NBC News. It’s true, and how many people can you say that about?

More progress on the “M”-word

Robert Bertsche, a prominent First Amendment lawyer in Boston, passes along the latest news from the AP Stylebook Online (yes, I’m too cheap to subscribe):

dwarf The preferred term for people with a medical or genetic condition resulting in short stature. Plural is dwarfs.

midget Considered offensive when used to describe a person of short stature. Dwarf is the preferred term for people with that medical or genetic condition.

My 2004 edition of the AP Stylebook does not contain an entry for either word. Clearly the dwarfism community is making progress in its efforts to educate the public about the “M”-word.

In 2009, the New York Times’ then-public editor, Clark Hoyt, wrote that the Times had concluded the “M”-word was offensive.

I discuss the rise and fall of the “M”-word in Chapter Seven of my book on dwarfism, “Little People.”

Murder, politics and mental illness

Gabrielle Giffords

One day in 1993, when I was managing editor of the Boston Phoenix, I received a letter from a man named David Taber, who claimed that the CIA and his father had conspired to implant a computer chip in his brain so they could monitor his thoughts. Such letters are not as unusual as you might suppose; what made this one stand out was that it was well-written enough that it took me a couple of pages to realize the writer was mentally ill.

Not long after that, Taber showed up at the Phoenix, looking for me, in order to discuss when we might publish his letter. I couldn’t be found, and didn’t know about his visit until after a colleague had talked him into leaving.

And then, within a few weeks, Taber walked into an elementary school in the Southeastern Massachusetts town of Acushnet, took hostages and murdered the school nurse.* Unfortunately, I had discarded his letter.

It’s because of that experience — and, frankly, because of common sense — that I’m put off by those who are trying to politicize yesterday’s carnage in Arizona, which included the attempted murder of U.S. Rep. Gabrielle Giffords and the murder of federal judge John Roll and a 9-year-old girl, Christina Green.

The suspected shooter, Jared Lee Loughner, appears to be very mentally ill. If you haven’t seen this video yet, take a look. I was especially struck by this Loughner statement: “I’m able to control every belief and religion by being the mind controller!” That kind of says it all, doesn’t it?

Now, by no means do I want to let anyone off the hook. I was appalled to learn that Giffords’ district was among those targeted on Sarah Palin’s truly demented gunsight map. I hope yesterday will bring the whole Palin phenomenon to a long-overdue end. And I scarcely know where to begin with this piece of incendiary garbage.

As Tucson Sheriff Clarence Dupnik said, careless rhetoric can have consequences. But that rhetoric did not create Jared Loughner. If he hadn’t gone after Congresswoman Giffords, he might have gunned down a school nurse instead.

*After posting this earlier today, I searched the Boston Globe’s archives and found a story published on April 17, 1993, that reported the details of Taber’s rampage in Acushnet. I’ve updated this post to include what I learned in that article.

Photo via Wikimedia Commons.

Parole in police officer’s murder not so easy

Officer Maguire

Maybe it’s my imagination, but it seems that the media and elected officials alike have been somewhat guarded in criticizing the state Parole Board for releasing Dominic Cinelli, a violent career criminal who murdered Woburn police officer John Maguire last week.

Yes, everyone is saying what you would expect. The Boston Globe and the Boston Herald have both published editorials saying the board erred in releasing Cinelli. Yes, the board made a huge mistake in not notifying the Middlesex County district attorney’s office before the 2008 hearing at which Cinelli’s parole was approved. And Cinelli, whom a dying Maguire shot to death in the course of an attempted robbery at Kohl’s, seems to have been an unusually poor risk.

Here is another wrinkle. According to a report by Gordon Vincent of Woburn’s Daily Times Chronicle, Cinelli would not have been eligible for parole until 2023 were it not for a decision by the state Appeals Court that overturned a ruling made by the Parole Board regarding the start date of Cinelli’s sentence.

Yet today’s Globe story by Jonathan Saltzman includes some facts worth pondering:

  • The Parole Board apparently did not think releasing Cinelli was a close call, as it voted 6-0 in favor. Of those six (three appointed by Democratic Gov. Deval Patrick and three by Republican governors), two were retired police officers and one worked in the Hampshire County Sheriff’s Department. In other words, it doesn’t sound like the board can be caricatured as a bunch of soft-on-crime types.
  • About 6,000 inmates are granted parole every year, which suggests that the county and state prison systems could be thrown into chaos if parole standards were tightened significantly.
  • Since 2005, according to Saltzman’s reporting, the board has granted parole to about two-thirds of those applying, and to somewhere between 27 percent and 40 percent of the lifers seeking parole, depending on the year.
  • Lifers and older inmates, Saltzman reports, tend to pose the lowest risk of recidivism. Cinelli was 57 when he shot Officer Maguire.

The death of Jack Maguire, a 60-year-old policeman on the verge of retirement, is a terrible tragedy. Back in the 1980s, I covered Woburn for the Daily Times Chronicle, and though I did not know Maguire, I knew of him. I did know the future police chief, Philip Mahoney, an impressive, compassionate policeman who has served as an outstanding spokesman for his city’s grief this week.

It may well turn out that the Parole Board made a mistake in releasing Cinelli. We already know that it made a mistake by not giving the district attorney a chance to testify. But the issue is not as simple as locking up people like Cinelli and throwing away the key.

Based on the Globe’s reporting, it appears that inmates whose past crimes were as serious as Cinelli’s are released regularly, and that society benefits. The investigation that’s now under way is the right way to go, and the media should give it a chance to play out — as they seem to be doing so far. The situation calls for intelligent analysis, not a witch hunt.

Ross Douthat and the politics of self-pity

The Passion of the Douthat

Those of us who are non-Christians would like to apologize to New York Times columnist Ross Douthat for our continued existence.

In a piece remarkable for its self-pity, Douthat declares, “Christmas is hard for everyone. But it’s particularly hard for people who actually believe in it.” Among other things, Douthat declares that Christians feel “embattled” by “Christmukkwanzaa multiculturalism.”

But according to a survey by Trinity College, about 76 percent of Americans identify themselves as Christians, which surely makes them our largest oppressed minority group, both proportionately and by sheer numbers.

Douthat is slick enough to poke fun at bozos on the right who rail about the “war” against Christmas. Yet he’s essentially engaging in the same tactic. Since Barry Goldwater, if not before, the conservative movement has been fueled in large measure by whipping up a sense of resentment. The laughable idea that it’s somehow difficult to be a Christian in this country has become a big part of that.

When Douthat was hired to replace William Kristol on the Times op-ed page, he was supposed to represent something new, different and better: a younger, more analytical thinker who might not persuade liberals but who would at least be worth reading for the strength of his arguments.

Instead, he’s proved to be a hack who offers neither entertainment nor insight.

Michelangelo’s “Martyrdom” via Wikimedia Commons. Click here or on image for a larger view.

Understanding the legal challenge to health care

I’d be curious to know whether anyone has a good link explaining the reasoning behind the legal challenges to the federal health-care law. Every story I’ve seen — including this one, from the New York Times — reports that it might be unconstitutional to require people to buy medical insurance. But I haven’t seen anything that places it in context.

Here’s what I don’t understand. The courts clearly have no constitutional problem if the states impose such a requirement. Most states, after all, mandate that their residents buy auto insurance if they wish to drive. And Massachusetts — upon which the federal health-care law is based — requires that everyone buy medical insurance.

Moreover, under the 14th Amendment, states may not deprive their residents of liberties that they enjoy under the U.S. Constitution. If anyone has used the 14th Amendment to challenge state insurance mandates, I’m not aware of it.

If you’ve seen something that answers these questions, please post a link in the comments.