Moving Beyond the Publisher Playbook: Why State-Level Contract Law is Essential to the Future of Digital Library Rights | Library Journal

"In his recent piece in Library Journal, Alan S. Inouye characterizes the last 15 years of library digital book advocacy as well-intentioned “firefighting” and incrementalism, calling instead for a retreat from state-level legislative action in favor of a vague, long-term national strategy. While a retrospective on the digital lending landscape is welcome, Inouye’s analysis fundamentally misunderstands the current legal architecture driving the library ebook movement today. And, in several critical respects, it recycles the very talking points of the publisher lobby it purports to analyze objectively....

To properly address the future of library digital books, three things require immediate correction: the piece’s misleading framing, its foundational legal errors, and its uncritical repetition of publisher talking points, which have been soundly rejected by caselaw, legislators, lawyers, and librarians across every state where ebook bills have become law or are currently advancing...."