| Sun rises on Deutschmark city |
Less of an archive photo since I took this from my hotel bedroom this morning (2011). Still, quite pretty.
Originally posted October 14, 2011
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| Novice Monks on a Boat - Chao Phaya, Bangkok 2001 |
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| Boy, Tehran September 1972 |
From September 1972, an Iranian boy wonders where his hair has gone. I was traveling back home to New Zealand with my father and grandfather after having spent almost three months in the UK with my grandfather. While this was a great vacation for me and I got to miss some school, I think it was a cunning plan by my parents that relieved my mother of having to deal with three boys all by herself while my father went to summer school at Cornell.
Originally posted February 3, 2012
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| Milan Cathedral August 1961 |
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| The Flamingo Las Vegas 1971 |
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| Fifth Avenue and 51st - August 1968 |
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| Kabul girl and her mother 1973 |
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| Beirut: The Corniche 1972 |
A recent ruling by the DC Circuit court of
appeals may challenge the business model of many trade associations which sell
business and technical standards specifying the technical requirement for
everything from rubber mats to air conditioning. In
a significant ruling for fair use, the Court of Appeals for the District of
Columbia held that that non-commercial use of standards incorporated by
reference into law is fair use and not copyright infringement. Many (if not the
majority) of technical standards are created in collaboration with industry
experts, associations and other subject matter experts and a primary objective
is to have the standard adopted into common use; while the ultimate goal is to
have the standard incorporated into legislative law.
And therein lays a conundrum. If complying with a specific technical standard is de-facto a legal requirement of business, then the business needs to know what the standard is in order to comply. Historically, technical standards must be purchased to reference, understand and comply with the technical specifications in question.
In 2020 Public.Resource.Org, Inc (PRO). was challenged in court for making technical standards free to down load for non-commercial use and also annotated their standards lists with the logo of the organization which originally published the standard. PRO is non-profit corporation dedicated to publishing and sharing public domain materials in the United States and internationally. It was founded by Carl Malamud a well-known public domain advocate.
In a partial win in 2020, the Georgia court agreed with PRO that because these (specific) standards had been incorporated into law then the concept of ‘government edicts’s applied and that they were also within their rights to associate logos with the standards incorporated into law. However, the court paired their ruling to exclude any of the standards (and associated logos) which were not currently incorporated into law.
Subsequently, American Society for Testing and Materials (ASTM) appealed the Georgia ruling to the DC Circuit court which applied the four requirements of the fair use doctrine: what was the purpose of the use, the nature of the work, the amount used and the effect of the use. The DC court also compared the purposes of use of each of the two parties. In this latter regard, the court found that technical associations such as ASTM are primarily facilitating the advancement of science and industry by the creation and publication of specifications versus PRO which is focused on providing free access to the law. The court ruled that PRO may provide access to standards which the government has incorporated into to law.
“If an agency has given legal effect to an entire standard, then its entire reproduction is reasonable in relation to the purpose of the copying, which is to provide the public with a free and comprehensive repository of the law.”
With respect to the fourth criteria the court dryly notes that despite PRO having provided access to these standards for many years, the plaintiff did not provide anything but generalities regarding the financial damage caused.
“Public Resource has been posting incorporated standards for fifteen years. Yet the plaintiffs have been unable to produce any economic analysis showing that Public Resource’s activity has harmed any relevant market for their standards. To the contrary, ASTM’s sales have increased over that time; NFPA’s sales have decreased in recent years but are cyclical with publications; and ASHRAE has not pointed to any evidence of its harm.”
While this is a significant win for the public interest and fair use it is not a harbinger of business model collapse for most of these standard’s organizations. For those organizations with comprehensive standards databases with full archives of historical standards information including revisions and technical specs, related and associated technical standards, functional experts and other community benefits will be insulated in the short term from any negative impact from this ruling. If your use case is a one off or you have an infrequent need for a standard, then you will be more likely to visit PRO than purchase or subscribe to a comprehensive service such as ANSI or ASTM. Regardless, there is speculation that the plaintiff may ask for a re-hearing in this case to the whole court.
Hat tip to Todd Carpenter.
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| Auckland New Zealand 1972 |
Car ferries cross from Kowloon to Hong Kong which was the way we first made the journal in 1968. Since then several tunnel have been built to carry much more traffic. If you look closely on the left side of the photo you can see a passenger jet lining up to landing at Kai Tak. On approach it will skim over the rooftops and land on a runway to points right out into the ocean. That airport is long closed now.
Originally posted April 4th, 2012
From the Washington Post: Readers recollect their experiences in Lahaina and Maui,
(Very) long term readers of PND may recall my family lived on Maui for about six years which for me was all of my high school years (and no, I was not on the Spicoli schedule). In those years, Maui had fully half as many people as live there now and far less tourists. Maui had no direct link to 'the mainland' and all travel from Hawaii had to pass though Honolulu which in turn meant that the Maui airport wasn't much larger than a small warehouse. Even part of the roof was purposely open so that a decent sized tree could sit in the middle of the waiting area just next to the single baggage carousel.
We did not live near Lahaina. Our home was in Kihei on the south side of the island where a large tract of undeveloped land had been acquired by a development group to build a resort and condo complex similar in scope to Kaanapali which is north of Lahaina and had been built during the 1960s. Wailea was named after the longest beach on this part of the coast and the first hotel built in the development was managed by Intercontinental (IHC). This is the chain my father worked for and he was asked to run the hotel a little after it opened. We lived above the store so we had the run of the resort.
There was nothing else in Wailea at this time except one 18 hole golf course, but subsequently over the time we lived there an additional hotel was completed, three condo developments and another 18 holes were added. We were long gone - my parents moved to London where my father ran a division of IHC in Europe and I went to college - before development really expanded in Wailea.
In contemplating the destruction of Lahaina, I know I, my family, and the travel industry generally have contributed fundamentally to the problems Maui and Hawaii face. Over-development, disenfranchisement and a severe housing crisis are all evident either in the causes or the consequences of the fires. And while the Lahaina fires have drawn attention to all these issues I don't believe real solutions will result unless reforms are made to land use and social programs. If you can even find a place to live the cost of living can be as high as Manhattan. Regrettably, tourist salaries don't provide the same amount of disposable income.
More than 70% of the Hawaiian economy is dependent on tourism which is why it is important for tourists to continue to visit Maui even while acknowledging that tourism drives up prices, contributes to high land costs, erodes water rights and supports a transactional economy which will never help Hawaii create a more balanced economy which can support the local community for the long term. Ironically, Maui has to encourage tourism to prop up the economy while understanding this continued reliance on this industry will not build a sustainable future.
Everything in these images from 1960-1985 is now gone.
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| Generations: Kyoto 1972 |
A weekly image from my archive.
When I saw this image from a early 1970s trip to Japan, I was immediately taken with the juxtaposition of the old and the new. Japanese business culture only allowed 'career girls' to enter the workforce fairly recently and this young woman must have been a fairly unusual sight on the streets of Kyoto in 1972. The old woman, small in stature and wearing traditional clothing seems to be confused by the obvious, casual disdain of the younger woman. Here is the brash future of Japan contrasting with the traditional, centuries old past.
Originally posted July 1, 2010
Many recent stories about how some individuals on the right are criminalizing children's access to educational and health related books and other content.
Librarians face significant new obstacles in building broad based reading programs that include books reflecting many of the core values which APA represents. This article in the the Washington Post describes many of the new challenges faced by librarians in the current highly politicized environment. As the article notes, Librarians normally have Masters degrees, teacher certification and many years of experience which eclipses the 'experience' of those tasked with reviewing their selections. The situation in many school and public libraries is fast becoming a crisis.
For APA Publishing (where I work), this is a critical issue for our Magination Press titles. While we publish on many of these issues our titles will be banned and/or excluded from the audiences they are designed to help and support and that's the real crime.
From WAPO:
Students are upset, especially LGBTQ students, said a Keller employee who spoke on the condition of anonymity for fear of professional retribution. “They want to see themselves in books, they want to see themselves reflected, and they’re not able to.”
The district wrote in a statement that the book selection “process we have in place … allows librarians to take the lead in curating our libraries, while inviting our community to provide input and to partner with staff to protect our students.” It continued: “Books are not removed simply because they feature LGBTQ characters, and there are still books available that include these characters.”
And this (WAPO)
In one Texas school district, school librarians have ordered 6,000 fewer books this year than the year before, because under a new rule parents must have 30 days to review the titles before the school board votes to approve them. In Pennsylvania, a school librarian who must now obtain her principal’s okay for acquisitions has bought just 100 books this school year, compared with her typical 600.
Fascinating discussion about how book data can inform cultural awareness and potentially improve publisher and the reporting on book publishing.
Perhaps most importantly, however, it is likely that books end up much more racially homogenous—that is, white—as a result of BookScan data, too. For example, in McGrath’s pioneering research on “comp” titles (the books that agents and editors claim are “comparable” to a pitched book), she found that 96 percent of the most frequently used comps were written by white authors. Because one of the most important features of a good comp title is a promising sales history, it is likely that comp titles and BookScan data work together to reinforce conservative white hegemony in the industry.
....
The many ways that SPL checkout data might be used to understand readers or literary trends are still relatively unexplored. In 2019, The Pudding constructed a silly “Hipster Summer Reading List” based on SPL data, highlighting books that hadn’t been checked from the SPL in over a decade (a perversely funny list but definitely a terrible poolside reading list).
This checkout data is also used internally for a variety of purposes, including to make acquisition decisions, as SPL selection services librarian Frank Brasile explained. But the factor that apparently influences library acquisitions the most is simply what the Big Five choose to publish. “We don’t create content,” Brasile reminded me in a somewhat resigned tone. “We buy content.” To a large extent, then, public libraries inherit the pervasive, problematic whiteness that is endemic in the publishing industry.
As head of Bowker many years ago, we collected book data for higher ed publishers and charged a lot of money for it. At the time we were very interested in expanding into trade books but were not able to pull off the deal to buy the UK firm which launched Nielsen Book Data in the US. Even then, it was clear there were many holes in the data - even with more corporate booksellers - and it only reflected a segment of the market. While this article focuses on trade data, I would speculate that college textbook authorship is singularly (if not more so) (mis)representative.
Hi,
I've not added individual news items here for a while but I have been adding them to my flip board magazine.
Check out these interesting media & publishing stories from the past several months:
https://flipboard.com/@mpcairns/personanondata-the-magazine-t8knolg6z
Included in each purchase is a poster version of the 'subway' map we designed to descriptively describe the publishing technology market. (Posters measure approximately 20 by 30 inches and look great).
Click on this paypal link to purchase:
In this 170 page report we cover many operational and functional areas served by these companies including Order to Cash, Financials, Title (Product)
Management, Contract Rights and Royalties, Editorial, Production and Scheduling, Subscription Management, Digital Asset Management, Digital Asset Distribution and Content Management Services. To produce this report, we interviewed more than 31 companies and approximately 50 people in total. Each interview was approximately 60 mins. We transcribed these interviews and created 3-5 page profiles of each company and included company product information and, in some cases, graphics provided to us by the company. We have also created our own supplemental information to support the analysis.
This report is informative and relevant for any publisher with technology requirements.
The following companies were profiled in detail:
I am excited to get back on the road again and be able to meet face to face with business partners. I am looking forward to seeing London again as well. So it is off to the London Bookfair!
APA is exhibiting in the American Collective Stand (6B80) so please drop by and let's touch base.
LBF has never been my favorite conference although I expect this will be very different than past shows. In the past, I never found the interactions as good as Frankfurt but I also seemed to be beset with bad experiences over the years.
On one visit, a dinner on the eve of the conference to celebrate an acquisition gave me food poisoning so bad I couldn't leave my hotel for four days. On another occasion, I played Batman and chased a would be thief who had stolen a staff member's handbag through the length of Olympia hall. (I got it back). Last (and possibly the worst), we arranged an Ingenta customer lunch at great expense and no one showed up. A classic Ingenta performance.
But this will be different and I am happy to get back on the road again. Happy to get out and meet people and while not everyone is ready to meet physically, I do have meetings set up for the conference.
Come by our booth (6B80) or email me to set up a meeting; mcairns@apa.org