RE: "Double" Licenses

["Sloan, Bernie" <bernies@uillinois.edu>]

Michele raises a point I meant to bring up earlier when I responded about
"triple" licenses. When you have a library agency negotiating a license
for multiple libraries (or when a single library negotiates a license for
its users), and when the indivual user is required to agree to license
terms for both the aggregator and the database provider, what are the odds
that terms in the three "licenses" might conflict somehow? And what is the
order of precedence when said terms might conflict?


Bernie Sloan
Senior Library Information Systems Consultant
University of Illinois Office for Planning & Budgeting
338 Henry Administration Building
506 S. Wright Street
Urbana, IL  61801
Phone: (217) 333-4895  
Fax: (217) 333-6355
Email: bernies@uillinois.edu

> -----Original Message-----
> From:	Michele Newberry [SMTP:FCLMIN@NERVM.NERDC.UFL.EDU]
> Sent:	Wednesday, January 20, 1999 4:53 PM
> To:	LibLicense List
> Subject:	Re: "Double" Licenses
> 
> This explanation is all well and good, but what if the terms and
> conditions negotiated by the library are different from those described
> in the document the user is expected to click on?  I find it hard to
> believe that publishers and aggregators are tailoring their web pages
> to each customer.  It is one thing to have a few simple statements such
> as the publisher retains its copyrights yet recognizes those allowed by
> law to the user followed by a brief description of what the user can do
> with the content (search, print, download, use for non-commercial
> educational and research purposes, etc...).  It is entirely something
> different when the document is filled with legalese and describes the
> remedies the publisher will use if the terms are violated thus
> constituting a separate agreement from the one negotiated by the library
> and/or university on behalf of all of its constituents.
> 
> And where in these click on agreements are the publishers' commitments
> to meet certain quality and performance criteria?  My experience is that
> these click on licenses are very one-sided.
> 
>    -Michele Newberry
>     Florida Center for Library Automation