Re: Shrinkwrap Madness

["Trisha L. Davis" <davis.115@osu.edu>]

David -

The UCITA solution is highly limited, however, from the library
perspective and opens many cans of worms.  The timing for the
review-and-return option is extremely short, before the return for credit
may be disallowed.  While this works well for consumers, the reverse is
true for libraries.  Under UCITA, the CD may have to be installed and run
in order to view the license terms,, not a quick and easy process for
libraries, and certainly costly in terms of staff time.  Also, UCITA also
allows print materials to be included under the license; this could result
in massive returns of items geared toward the consumer market where
traditional library loan privileges are not granted in the license.

**************************************************************************
Trisha L. Davis, Associate Professor
Head, Serials & Electronic Resources Dept
The Ohio State University Libraries             Phone: (614) 292-6314
1848 Neil Avenue Mall  040N                     Fax:   (614) 292-2015
Columbus, OH 43210-1286                 Email:  davis.115@osu.edu
**************************************************************************


At 07:40 PM 12/22/00 -0500, you wrote:

>I would add that UCITA provides a clear, and reasonable, solution to your
>examples:
>
>These are presumably mass market licenses and would not be enforceable as
>structured.  When the licensee is able to review the entire license (on the
>CD-ROM), the licensee can decide that he/she doesn't agree with the terms. 
>If so, the licensee has the right to return the product, and to get a
>refund for the cost of the product and the cost of return postage.
>
>David Mirchin
>Vice President & General Counsel
>SilverPlatter Information, Inc.
>100 River Ridge Drive
>Norwood, MA  02062
>USA
>dmirchin@silverplatter.com
>Tel: +1-781-769-2599, x235
>Fax: +1-781-769-8763