Re: Confidentiality of license agreements (RE: ILL & Licensing questions)

[Michele Newberry <fclmin@nersp.nerdc.ufl.edu>]

The only thing we in Florida are allowed to keep confidential is "trade
secrets" and pricing or financial data doesn't fall into that category.

  -- Michele

Rick Anderson wrote:

> Here at U Nevada - Reno, we've been able to keep out of confidentiality
> agreements by using a two-pronged strategy:
>
> 1.  Explaining to vendors that any document we create in the course of our
> work here on campus is a public document by definition, and thus not
> subject to confidentiality agreements or NDAs.  Even if we were to agree
> to such an agreement, state law would make it unenforceable.
>
> 2.  Explaining that even if state law changed tomorrow, we'd still be
> unwilling to agree to keep our contract terms confidential.  We assert the
> right to share pricing information and other terms of sale with our
> colleagues as we see fit.  We held the line on this with netLibrary, and
> although they grumbled they ended up agreeing.
>
> Obviously, the first line of argument doesn't work very well if you're a
> private institution.  But I'm guessing that there are relatively few
> publishers who will be willing to walk away from the sale over contract
> confidentiality.
>
> -------------
> Rick Anderson
> Electronic Resources/Serials Coordinator
> The University Libraries
> University of Nevada, Reno
> 1664 No. Virginia St.
> Reno, NV  89557
> PH  (775) 784-6500 x273
> FX  (775) 784-1328
> rickand@unr.edu