Re: License problem with American Geophysical Union

[Ann Okerson <ann.okerson@yale.edu>]

The "Other institutions have signed, why not you?" has a Twin. That Twin
is, "You're the first one ever to mention this as a problem!" The Twin is
*immensely* irritating no matter what the context (usually a customer
exchange of some sort, and stands for "you're being stupid and
unreasonable") and definitely so in contract conversations.  Ann
Okerson/Yale Library


On Tue, 9 Sep 2003, rrhoon.mail.ncsu.edu wrote:

> Though I haven't faced it with the AGU license, I am often faced with the
> retort from the resource representative that "... other institutions have
> signed, I don't know why you are having such a problem with it."  It is
> always slightly irritating to hear that a a justification.  I suspect that
> in many cases others are in fact signing off on inappropriate clauses or
> language that reaches too far because they either perceive the risk as too
> remote or simply want to the resource bad enough despite the existence of
> the language.
> 
> I doubt I have any strategies you haven't tried ... unrealistic to place
> library in position of policing behavior, inappropriate to expect library
> to contractually assume responsibility for bad acts of third parties, and
> inability to control users method and means (tort standard).  I have
> explained to other resources that the best we can do is subject library to
> reasonable efforts, and upon discovery of contractually prohibited
> behavior library will take steps consistent with institutional policies to
> deny access.
> 
> Probably not much help, I am interested in hearing how you resolve the
> issue however.  rob