RE: Question regarding ILL

["Stuivenga, Will" <wstuivenga@secstate.wa.gov>]

The answer is that a license agreement is a form of a contract. If you
sign a contract that prohibits you from doing something that is otherwise
legal, you've just given up that right by contract. Contracts supersede
the law in this regard. Unfortunately, (in my opinion) courts have upheld
even click through or shrink wrap licenses more often than they should.

Will Stuivenga <wstuivenga@secstate.wa.gov>
Project Manager, Statewide Database Licensing (SDL)
Washington State Library Division,
Office of the Secretary of State
360.704.5217 fax: 360.586.7575
http://www.statelib.wa.gov/library/libraries/projects/sdl/

-----Original Message-----
From: Rich Dodenhoff [mailto:rdodenhoff@aspet.org] 
Sent: Thursday, January 27, 2005 2:14 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Question regarding ILL

Maybe I'm just na�ve, but if ILL is allowed under U.S. Copyright Law, how
can publishers refuse to allow libraries in the U.S. to provide ILL?  
It's guaranteed under the law.  Doesn't that make the barring of ILL
illegal?

Richard Dodenhoff
Journals Director
American Society for Pharmacology and
  Experimental Therapeutics
9650 Rockville Pike
Bethesda, MD 20814-3995
301.634.7997 (p) / 301.634.7061 (f)