No, Fair! Evolving Perspectives on Excessive Use in Research

Midterm brings its share of bustle to the library with last minute research questions to ask and copiers and printers to locate.  Library staff are also busy negotiating licenses, finalizing renewals, and troubleshooting access to the resources on which faculty and students rely. I’d like to shed some light on a subtler side of the troubleshooting task that, while not a frequent occurrence, is a growing concern for me as a librarian and researcher. The technologies that enable this bustle of research activity can at times inadvertently trigger what publishers call excessive use or excessive downloading.  This is considered a breach of contract according to the licenses for these resources.  Remedying this breach usually involves working with university IT security to identify, inform, and prevent such use, assuring publishers that the breach is cured, and publishers then unblocking the network IP or IP range necessary to restore access to content.

Recently, I’ve been contemplating researchers’ expectations when working with scholarly content and technology.  What technologies are they using?   Are they compatible across content provider platforms?  How might they trigger excessive use breaches?  What exactly is excessive use or excessive downloading in an online research environment?

What publishers think

Sometimes the publisher’s license language specifies the use of bots, link-checker, crawlers, spiders, automated software, and even indexing as excessive or unauthorized.  But more often, breaches associated with this activity are not explicitly defined, nor are they put in context of excessive use within the license. This leaves it fairly open to interpretation.

Publishers must consider the perspective of copyright holders, and typically enforce equivalent limitations for online use that they would for physical print materials uses.  It sounds reasonable, but because in reality we use print and online resources very differently, such licenses terms may give up fair use and other scholarly exceptions granted by copyright law.  Publishers take an even heavier hand when responding to excessive use breaches.  Blocking the user’s IP access, or sometimes an entire campus IP range, presumes malicious intent (which it almost never is).  This response also exaggerates the stakes involved and misunderstands what is necessary to perform digital research. Strict reinterpretation of print use restrictions in the online environment denies advances in research technology, from basic citation management software to APIs used for text and data mining.  It also ignores the very structure of the linked-data world we live in.

What most people think

When users learn that their actions violate library license agreements, their reactions are  surprised, apologetic, and most often confused.  While some may be aware of the technologies that makes excessive downloading possible, most don’t believe they constitute unethical or unlawful actions.  Breach of contract itself is kind of a boogey-man phrase that brings more readily to mind data breaches like Equifax.  If people are aware of breaches occurring in academia, attention more often goes to those involving individual student records.

According to one IT security expert I asked, the kinds of scholarly content breaches I’m talking about don’t even register on the scale of data sensitivity or security.  Unless credentials were stolen in order to download excessively, it is not security issue; it’s a copyright issue.  Publishers who treat copyright infringement as a security issue might be mitigating risk, but they are not serving or educating their customer.

What librarians think

Librarians, naturally, do approach this from the service and education mindset. Increasingly that means a not just serving end-users within the academy, but the general public who pay for the research through their tax dollars. As researchers assert the right to retain copyright of their own content and share it more widely, more diverse collaboration is possible, increasing potential for innovative research discoveries.  Libraries assert copyright exceptions and expose inequities in traditional publishing structures in order to make openness for innovation possible as well.

Aaron Swartz profileBy Fred Benenson - User: Mecredis [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

I’ll digress briefly to the story of Aaron Swartz  for illustration and comparison.  He was an advocate of openness, yet his deliberate action to hack and release scholarly content provides, I suppose, a perfect case for publishers’ insistence to treat copyright as a security issue.  In this case, the breach involved 4 million documents.  The scope in numbers (less than 3% of the Equifax breach) pales by comparison, especially considering nature of the data and the consequences (or lack of) to those responsible and to those harmed.

Rarely are scholars’ actions as deliberate or the stakes of intellectual property loss as high as  this scholarly breach (or breaches of individuals’ personal data).  In fact many legitimate uses of scholarly research technologies are being blocked even to those with “rights” to use them.  Some examples of technology uses I’ve seen publishers block include citation management software like EndNote that indexes and stores full text where available.  As early as 2006, librarians reported browser technologies that link and open an articles’ cited references, triggering such use.  What about mining text and data  to discover disciplinary concepts across time and from journal publications that span multiple publishers?  Innovating digital researchers  are developing their own programming for this, but can they use it?  Are there alternatives, and are they open or proprietary?

My role as an acquisitions librarian means I must balance the needs of publishers supplying the content we license with needs of users who access that content for their research and study.  That balance falls somewhere between stoic realism and OAnarchy for me.  But I’m still a teacher at heart, so educating all sides remains my goal. In the traditional, profit-based publishing system, where flat library budgets mean buying power decreases each year,  I must follow open access developments carefully, just as I must work to negotiate the best deal within these existing structures.  There is always room in this to educate publishers, librarians, and users.

Learning more about the tools researchers use, wish they had, or wish they could use without being blocked from access is my next goal. In my troubleshooting experience so far,  tools like EndNote, Papers on Mac, Abstraktr, RedCap, WGET are just a few.  So tell me…

What digital research
(or reference citation management)
technologies are your researchers using?  

 

 

Leading By Example: The Idealis highlights expert-curated open access LIS research

As I began crafting this sixth (and final1) piece as a First Year Librarian Blogger for ACRLog, I realized I’d come full circle thematically over the course of my posts, closing with a more focused call to action inspired by my work with The Idealis, which I discuss below. Last October during Open Access Week, in my first post, I shared reflections on the state of open access publishing, noting many optimistic aspects to this evolution in scholarship, despite its perceived slow pace of development. I highlighted Peter Suber’s state-of-the-union webcast in which he accurately describes a movement led by librarians, who remain open access’s biggest champions and workhorses, and the continued need to expand stakeholder engagement beyond the library. Much open access advocacy work has focused on partnerships with researchers, funders, and policy-makers (see groups like SPARC, Right to Research Coalition, Force11, etc.), yet Suber’s ideas for extending OA’s reach included a seemingly small suggestion–to lead by example.

Enter The Idealis, a new overlay journal of high-quality, open access library and information science scholarship, intended to elevate open access publications, and encourage others to publish and self-archive their work as OA. The journal officially launched on March 15th with its first collection area, scholarly communications, and will continue collection development into other areas of librarianship (such as archives, critlib, OER, liaison librarianship, etc.).

Continue reading “Leading By Example: The Idealis highlights expert-curated open access LIS research”

CORE and the Commons: Digital Scholarship, Collaboration, and Open Access in the Humanities

This week it was reported that Berlin-based ResearchGate, a social networking site designed for scientists to share research, received $52.6m in investment funds from a variety of sources, including BIll Gates (previous investor), Goldman Sachs, and The Wellcome Trust. This news is another development in a continuing saga and conversation surrounding commercial services (i.e., ResearchGate, Academia.edu, Mendeley) and the companies that own them, managing the scholarly profiles and content of researchers. While ResearchGate promotes a mission of connecting “the world of science and make research open to all,” open access advocates and those working in scholarly communications are quick to point out that these platforms are not open access repositories.

In a blog post from 2015, Kathleen Fitzpatrick, Associate Executive Director and Director of Scholarly Communication at the Modern Language Association (MLA), pointed out academia.edu, for example, is in no way affiliated with an academic institution despite the .edu domain (they obtained the address prior to the 2001 restrictions). “This does not imply anything necessarily negative about the network’s model or intent,” Fitzpatrick said,  “but it does make clear that there are a limited number of options for the network’s future: at some point, it will be required to turn a profit, or it will be sold for parts, or it will shut down.”

Much like we shouldn’t rely on Instagram to serve as our personal digital photo repository, researchers and academics shouldn’t rely on these commercial platforms for long term preservation of and access to their content. Hence, the work of open access institutional and disciplinary repositories takes on a certain imperative in the scholarly sphere. Those at Humanities Commons recognized this need, and in 2015 launched CORE, the Commons Open Repository Exchange, originally a digital repository for MLA members to share and archive “all forms of scholarly communication, from conference papers to syllabi, published articles to data sets,” now open to anyone who joins Humanities Commons. I spoke with Nicky Agate, Head of Digital Initiatives in the Office of Scholarly Communication at the Modern Language Association to discuss CORE, in light of national attention garnered in a recent Forbes article about the monetization of scholarly writing.

Continue reading “CORE and the Commons: Digital Scholarship, Collaboration, and Open Access in the Humanities”

More than a Mausoleum: The Library at the Forefront of Digital Pedagogy

This is adapted from a talk at the Utah Symposium on Digital Humanities, February 11th 2017 in Salt Lake City, Utah. 

Over the last decade, we’ve witnessed a shift in the ways in both everyday folk and academics encounter the world. The promise of web 2.0 and the rise of the network has seen the input of every individual increase in importance. For universities, the consequences of this go well beyond social media presences or heated debates in comment threads, it challenges the very nature of the ivory towers our universities are constructed on top of. Some of the more nostalgic set have opined about the “death” of the traditional library and how universities need to “Save the stacks.” Are we losing the traditional library to chase digital trends?

Even I got in on the fun…

No longer are libraries cenotaphs of long dead books but a growing organism contributed, curated, and built by the members of the university community. A focus on digital pedagogy, allows librarians the flexibility to enter this new age of librarianship with a clearer idea of what we’d like the library to be 10, 15, or 20 years from now.

Not a library, a real cenotaph. (Flickr CC BY-NC 2.0)

Rick Anderson tells us it is a commonality amongst new librarians to say that the collection is dead. Rather than death, I think of it as a transition as significant as the one from scroll to codex, or manuscript to print.

I am choosing to illustrate how I see the future of collections shape up in the digital future. Buildings come in different sizes and shapes, staff perform different roles but collections, that is items preserved for use by research are common in most if not all library experiences throughout history. The collection forms the backbone of our pedagogical role.

With this in mind what are the principles of digital pedagogy in modern librarianship?
  1. Student voices matter, as much as established ones, in the conversation.
  2. Access goes beyond the limits of the library and campus
  3. The future of library is based on student needs both pedagogical and inspirational and the collection needs to mirror this.

By focusing in on the creation of scholarship by students into collections we are building upon the library’s core historical strengths while improving the teaching done in classrooms. We also exhibit examples of student work and learning to the world in perpetuity.

Librarians are often assaulted with comments that “all information is on the internet” and while many have struggled against this assumption and beaten it back in deference to our job security it is a fact that the internet has fundamentally changed the way that we receive information. As Lyman Ross and Pongracz Sennyey comment in “The Library is Dead, Long Live the Library” published in the Journal of Academic Librarianship  “the Internet has lowered the cost of propagating information to negligible levels. This fact diminishes the value of local collections and services. Libraries are no longer islands of information.”(Ross and Sennyey pg 146)

And as the digital world encroached on the library, as it did on most of our lives and interactions, the edifices faded. First it was the building, allowing access outside of the footprint of the traditional library, then it was the staff who became teachers rather than guardians, what happened to our prized collections?

David Lewis in Reimagining the Academic Library comments that “Until quite recently what constituted the scholarly record seemed clear, or at least we understood that portion that was the library’s responsibility.” (Lewis 32) But that now we have entered a new stage of ambiguity caused by digital objects. Information Literacy exists against this backdrop of unclear scholarly records.

This has led some researchers, David Lewis included, to argue that the maintenance of non-unique print collections should no longer be a focus of academic institutions. Instead, digital collections, costing significantly less to maintain and often times infinitely more usable and accessible than singular print copies. While a shift away from the collection of books and toward the teaching and the impacting of students is necessary, I argue it is not an end to the collections based approaches that define the library.

While I do not completely agree that our print collections are no longer necessary, our communities are pushing our hands when it comes to demanding access to more digital materials, outside of the building, and off of campus.

The loss of the stacks is mourned by many nervous colleagues. Some of this nervous energy has prompted change in library circles. When the Association of College and Research Libraries introduced a new framework for information literacy, it was met, as all change does, with both praise and scorn.

Part of this framework was a large redefinition of the task of research, which increasingly takes the focus of librarianship away from books and dust and places it into the classroom.

One movement in particular that I believe is of note here is the idea that of “Scholarship as Conversation”

The framework states that “Communities of scholars, researchers, or professionals engage in sustained discourse with new insights and discoveries occurring over time as a result of varied perspectives and interpretations”

Part of this is the necessary focus on citations as a communicative tool between the researcher and the past, but buried in here is the way in which we can use the tools of the digital to promote our student’s incorporation into this community.

“New forms of scholarly and research conversations,” the framework continues, “provide more avenues in which a wide variety of individuals may have a voice in the conversation.”

It is through digital pedagogy that we have the chance to offer our students keys to this conversation, either through publishing, the creation of exhibits, or the production of knowledge itself. Libraries then need to be at the forefront of this transition, from static collections based and traditional “gatekeeper” mentalities to the research driven and student driven collection creation.

While librarians have been quick to reject the gatekeeper mentality, faculty in fields across campus have been hesitant to give up the reins of the academic conversation. Some institutions have had long histories of undergraduate research prior to the age of the internet, it is the openness in the digital world that prompted a revolution in student publishing.

Char Booth explains in “Open Access as Pedagogy” that digital publishing “grants privilege and power to student authors, gives them space to assert their intellectual agency, allows them to enter the academic conversation and…maybe alter some professional paradigms.”

Entering this academic conversation encourages students to reject the monolithic scholarly record that dominates our ideas of the University, and telling students their voice matters allows a reconfiguring of the idea of research. The best way to understand research is to conduct it yourself. There are more tangible reasons this is innovative.

Char Booth continues “With that newfound power comes responsibility; with Open Access comes exposure…leads these already ambitious students to dig deeper into primary and secondary sources, to think harder about their meaning and value to their scholarship and to argue more effectively and write more forcefully.” (Booth 6)

Feeling that student work is often too “un-polished” or “not up to par” with the rigorous examinations that come after years of graduate school. Some are worried that student work will impact their own standing as professional academics. Bad student work with a faculty name on it reflects poorly on mentorship.

In giving the keys of scholarship to our students we promote not only their work but the University as a whole; much like open access creates exposure for us on the Tenure Track, our students become examples. By opening up the collection to reworking by students we not only improve their education but we break down the barriers that hold new ideas back.

It rejects the model of the library as a singular direction where the collection is controlled by the librarian and lent to the student or researcher. Instead it breaks down those barriers to encourage the exchange of information and ideas across all levels.

Nowhere on campus is better for this kind of interdisciplinary engagement, and nowhere is better suited for the task of preserving collections, albeit digital ones, then the organization trusted with this preservation since Alexandria. This is not a death for the library, or of the collection, but a new beginning.

Theory as a keel: Developing a critical framework for open education, Part 2

“If open is the answer, then what is the question?” was posed by educator and researcher Catherine Cronin (National University of Ireland, Galway) in her keynote address for the Open Education Conference 2016 in Edinburgh, UK last April. This question challenges our community to explore the why behind the how driving open education initiatives, and reveals the need for a body of critical research examining the same.

Jamison Miller, Ph.D. student in the School of Education at William & Mary, hopes to develop a framework that balances critical analysis with practical implementations, and provide the open education movement with the foundation to help move it forward in a socially responsible manner. He credits his affiliation with the Global OER Graduate Network (GO-GN) with providing an invaluable support network for doctoral students studying open education. The group helped bring Jamison to Krakow last spring for the OEGlobal Conference, and will be supporting a trip to Cape Town for this year’s conference in March.

Continue reading “Theory as a keel: Developing a critical framework for open education, Part 2”