RE: Fair use (RE: electronic journals CCC)

[Paul Burry <burry@techbc.ca>]

This is exactly my point!!  No matter how many frightening scenarios you
conjur up, they will occur or not occur regardless of what a contract
says. We also agree that the contract should provide "recourse in the
event of a breach by the other."  Therefore (yet again), Publishers should
be able to word their contracts to allow electronic ILL while at the same
time explicitly forbidding the distribution to thousands with a single
mouse click that you imagine (and thus recourse if that were to happen).  
The fact that they do not do so only suggests (as I said originally) that
some other factor is motivating this strategy.

Paul Burry
Information Services Support Specialist
The Portal
Technical University of British Columbia
burry@techbc.ca
(604) 586-6019


 -----Original Message-----
From: 	Rick Anderson [mailto:rickand@unr.edu] 
Sent:	Wednesday, May 09, 2001 11:49 AM
To:	liblicense-l@lists.yale.edu
Subject:	RE: Fair use (RE: electronic journals CCC)


> I maintain that you will not be prevented from enacting the scenario you
> imagine by any restriction on electronic ILL in a database license.  The
> idea is ludicrous!

Well, right.  It's also true that my employment contract doesn't prevent
me from staying home.  I think you're confusing enforceability with
prophylaxis.  In and of itself, a contract can't prevent anything -- it
can only give each contracting party recourse in the event of a breach by
the other, thereby (hopefully) making compliance a more attractive option
than breach for all involved.  The question isn't whether it's possible to
physically prevent illegal distribution, but whether both parties agree
that allowing electronic ILL is a good idea.

-------------
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

"A revolution involves a change in structure;
a change in style is not a revolution."
        -- Karl Marx