Re: Books with Media

[David Goodman <dgoodman@phoenix.Princeton.EDU>]

My personal preference is to not open the seal. Usually the contents of
the media is of so little appeal that users don't do so either. If they
do, it might *conceivably* bind them--or at least the one who opens it--or
it might not. I do not feel called on to decide.

Most such licenses are in any event assuming a personal individual user,
and do not address the issue of library use. Even if we did break the
seal, presumably in order to put our library markings on the item, we
aren't using the material, and the people who might be using the material,
haven't broken the seal or necessarily seen the notice.

The one thing I personally would not do in such a case is to put the
material on a library server.

On Thu, 24
Oct 2002, Ann
Okerson wrote:

> Date: Thu, 24 Oct 2002 16:38:48 EDT
> From: sgoldber@lib.uci.edu
>
> The University of California, Irvine Library reviews licenses for books
> with accompanying media.  Many of these licenses read:  By opening the
> package in which the material is sealed, you agree to be bound by the
> Agreement.
>
> Questions:
>
> Are other libraries reviewing these licenses?
>
> If so, how are you handling the language to which you do not agree?  An
> example:  governing law of another state or country - language that a
> public institution cannot accept.
>
> Do you allow the book to be processed before you hear from the publisher
> or hold up processing until the publisher responds?
>
> Have you returned any titles because of this problem?
>
> Thank you.
>
> Sylvia M. Goldberg
> Electronic Resources Acquisitions Librarian
> University of California, Irvine
> Phone:  949/824-6831
> Fax:     949/824-2059
> sgoldber@lib.uci.edu