RE: OUP CD-ROM license

["T. Scott Plutchak" <TSCOTT@lister2.lhl.uab.edu>]

In fact, the courts have not been consistent in their opinions concerning
the enforceability of shrinkwrap licenses.  The UCITA legislation (coming
soon to a state near you!) would settle the question in favor of making such
licenses enforceable.

T. Scott Plutchak
Director, Lister Hill Library of the Health Sciences
University of Alabama at Birmingham

tscott@uab.edu


-----Original Message-----
From: kartanand@123india.com [mailto:kartanand@123india.com]
Sent: Thursday, February 08, 2001 12:22 AM
To: liblicense-l@lists.yale.edu
Subject: Re: OUP CD-ROM license

what u seem to want to know is a classic case of a shrinkwrap license
agreement--it is immaterial whether u sign the agreement or not--if u have
taken off the plastic cover then u are bound by the terms of the license
agreement--regarding the issue of circulating it--please see on the
license agreement, there will probably be a clause for multiple licenses
so that the same CD can be installed on more than 1 computer/terminal
regards 

kartike

__________________

On Wed, 07 February 2001, Lynn Flanagan wrote:

> How do you folks treat a CD-ROM product which has a card in the box saying
> "If you accept the terms set out below then open the jewel case.  By so
> doing, you agree to be bound by such license terms."  Then the terms say
> we have the right to "load and store the Licensed Material on a single
> computer..."  The Oxford University Press product "Margaret Thatcher:
> Complete Public Statements 1945-1990 on CD-ROM" is the example.
> 
> We bought the product with the intention of letting it circulate, but I do
> not believe we can.  Some staff think that since we do not have to
> actually sign the license agreement, it is acceptable to go ahead and put
> it in the circulating collection.  What are other institutions doing in
> such cases?
> 
> Thanks
> Lynn