Re: License agreements for Microsoft product software

[Kent Mulliner <mulliner@ohio.edu>]

         Having seen the same AcqNet message, I looked into our
shrink-wrap licenses and found the same restriction on a recent
multi-volume set that we had bought from Microsoft Press.  After much
searching and phoning, I found an address to contact to modify the license
and sent off a request.

         I did receive what appears to be a standard revision for
libraries that does permit lending but imposes additional onerous terms.  
As three examples:

1.      The CD-ROM and the print volume must be kept together
2.      The CD-ROM and the print volume must be circulated together
                 [how this works for an 8 or 10 volume set I'm not sure]
3.      The non-profit institution [library] must take steps to ensure
         that any files copied from the disc are erased by the user when
         the disc and volume are returned.

         There is also a prescribed copyright phrase that must accompany
the loan; however, it does not include this latter provision.

         I am in the process of following up on this with Microsoft.  I
see no reason for the first clause (that I shelve the CD & book together)
nor do I have any idea (beyond my wild imagination) what steps I might
take to assure that any files were erased.  And then I have this
multi-volume concern with regard to clause 2.

         So I have great interest in this question and exchange and will
add more as my Microsoft experience grows.

                 kent mulliner, ohio university libraries



At 08:58 AM 8/11/00 -0400, you wrote:
>Hi,
>
>I saw this posting on ACQNET (library acquisitions listserv) and wanted to
>know if anyone has encountered this problem in the licensing agreement?  I'm
>not sure if the Microsoft licensing agreement in Australia is the same or
>similar to ours in the US.  Thank you, Liz Lorbeer, Library of Rush
>University, Chicago IL.
>
>ACQNET 10:17
>Date:   Wed, 28 Jun 2000 02:49:34 -0400
>From:   Sharon Gower (Bond U.) <sharon_gower@bond.edu.au
><mailto:sharon_gower@bond.edu.au> >
>Subject:        License agreements for Microsoft product software
>
>I was wondering if anyone can help us with a problem we are having regarding
>software that accompanies books published by Microsoft.  The license
>agreement states that the software cannot be lent.  Our electronic services
>librarian has been in contact with Microsoft regarding this problem and
>although she has been given permission for two particular items to be lent -
>it has fallen on deaf ears when trying to obtain permission for further
>titles and trying to find a more permanent solution to the problem.
>She has found success with some other publishers who are now wording their
>license agreements to allow libraries to lend the software which accompanies
>the books.
>
>It is causing such a headache for her that she is contemplating requesting
>the academics to not order Microsoft books as it is a waste of money to
>purchase books which are useless without the accompanying software which
>cannot be loaned.  She suggests that academics should look to ordering
>similar titles from other publishers who are library friendly.  Is anyone
>else having this problem or can you offer any suggestions?  Does anyone have
>the contact details for the person at Microsoft who can best help us find a
>solution to this problem?
>
>Please reply to me directly at: sharon_gower@bond.edu.au
><mailto:sharon_gower@bond.edu.au>
>With thanks
>Sharon Gower
>____________****__________****____________
>
>Sharon Gower
>Senior Library Technician (Acquisitions)
>Bond University Library
>GOLD COAST QLD 4229
>AUSTRALIA
>Telephone: +61 7 55951507
>Fax: +61 7 55951480
>Email: sharon_gower@bond.edu.au <mailto:sharon_gower@bond.edu.au>