RE: Confidentiality language and the netLibrary license

["Marilyn Geller" <marilyn.geller@configuredinfo.com>]

Rick, I've been giving this topic a bit of thought lately because I truly
think it may provide a way of making progress all around.  It's important
up front for me to state that I do not represent any parties or sides in
this discussion.

To begin with, public institutions such as public libraries or libraries
associated with public universities may be required by law to delete the
confidentiality clause or, barring that, to modify it with the qualifier,
"to the extent possible".  You obviously know whether this is applicable
in your case.  But I think this loophole for libraries misses the point.

The only value that this kind of confidentiality clause has for libraries
is 1) to avoid embarrassment if you've made a very bad deal and don't want
to fess up or 2) to preserve a very good deal that will only be good as
long as you keep quiet about it.  For publishers and service providers, on
the other hand, it allows them free reign to make the best business deal
they can without having to worry about whether the last "bad" deal they
made will haunt them.

I'm not convinced that it's such a great deal for publishers and service
providers either even though it seems to be their preference.  The
practice of inserting the confidentiality clause allows us all to avoid
the hard work of deciding what these service are really worth, putting a
firm price tag on them and buying them off the shelf.  A few years ago,
one could make the case that we didn't know enough about what the services
even include, much less what they're worth.  These days, if we don't know,
it is simply because we haven't bothered to figure it out. And we can
afford not to bother to figure it out if everyone stays quiet about it.

I would suggest that a groundswell of libraries balking at the
confidentiality clause will help all of us bring more routinization to the
process of purchasing electronic resource services.  I think you are
absolutely on the right track in trying to encourage a united front, and I
think it will benefit all parties!

Marilyn Geller, MSLS
Information Management Consultant
436 School Street
Belmont, MA 02478-3864
Email: marilyn.geller@configuredinfo.com
Fax: 617-484-2629
Phone: 617-484-7379