« Lab rat: Swapping gets legit » in the Red Herring discusses a system called LOCKSS.
LOCKSS mirrors the way the librarians share their print archives. Each library keeps its own collection but borrows from the others to make a copy if a particular publication is missing or replaces it if damaged. If a library wants to join LOCKSS, it only needs the software client installed on a PC and a network connection to both the library’s local network and the Internet. Once installed, LOCKSS automatically creates a permanent cache, or local database of the journal articles. Unlike other caches that are deleted after a day or so, the LOCKSS cache is never deleted. However, it can only store copies of the journals for which a particular library has valid subscriptions.
Interesting application of a P2P model. It does raise a number of questions, regarding IP but also regarding integrity of the content and auditing. I guess the advantage of a P2P model here is that it avoids the need for the central authoritative server used in a mirroring scheme.
[thanks Cla]
Ok… questions: how would this settle the question of distribution though? Most private use licenses don’t include the right to distribute the copy of the work without previous permission, right?
I don’t know. The article says that the system « can only store copies of the journals for which a particular library has valid subscriptions ».
It seems like a reasonnable system, but then again, remember my.mp3.com. You’re right in saying that making copies for a third party might not be allowable. This might be a better test case than my.mp3.com on the issue of reproduction though.
As for distribution, well maybe the fact that the nature of a library is to make works available could be used here? The burden of the legality of the reproduction being assumed by the party that replicates the content? This is very similar to one aspect of the debate in the Upper Canada Bar association v. CCH case that was argued monday in the Supreme Court: http://www.scc-csc.gc.ca/information/hearings/fall/fall_f.asp#c29320