RE: restrictive license clause

["Rick Anderson" <rickand@unr.edu>]

> However, it is essential to the integrity of the scholarly record that
> no material that has been published ever be actually removed.

The problem, unfortunately, is that the law cares little for the integrity
of the scholarly record, and in some cases (such as libel) the law may
require a publisher to cease publishing the offending article. To leave
the article intact in an online version controlled by the publisher would
be to continue publishing it.  So while we may dislike license terms like
this one, our feelings on the matter are pretty much irrelevant -- if
forced to choose between obeying a lawful order and preserving the
integrity of the scholarly record, a smart publisher will go with the
former.

----
Rick Anderson
Dir. of Resource Acquisition
University of Nevada, Reno Libraries
(775) 784-6500 x273
rickand@unr.edu