Re: Nature Letter

[Peggy Hoon <peggy_hoon@ncsu.edu>]

That's exactly my point.  There's no way a licensee can warrant that no
one else will do these things, some of which eliminate fair use and 110
exemptions.  Furthermore, if this were simply a restatement of the law,
why does it have to be in the license?  That is, the law is going to apply
to me whether or not I promise to obey it in a contract.  And if this is
just a restatement of Title 17 and/or case law, why not just put "you will
comply with the copyright law"  and leave it at that.  I'd have no problem
with that.  It's precisely because these restrictions go beyond the law
that they are in there-


Peggy

on 3/23/01 7:09 PM, Victoria Mitchell at
Victoria.Mitchell@directory.reed.edu wrote:

> Most of the 'flaws' below seem to me to be simply asking the licensee to
> comply with copyright laws, and hence perfectly reasonable.  The only
> thing that is risky for the licensee is warranting that you will not
> permit anybody else to do any of these things.  You'd probably want to
> change that language.
> 
> -Victoria Mitchell
> Reed College
> 
> --- Peggy Hoon wrote:
> 
> The Nature license has some other rather significant flaws besides the
> access and pricing being objected to on this list.  Is there anyone out
> there who is actually willing to agree to and thinks they will be able to
> strictly comply with
> 
> Usage Restrictions:
> 
> Licensee WARRANTS that it will not, NOR WILL IT license or PERMIT OTHERS
> TO, directly or indirectly, without the Licensor's prior written
> permission
> 
> -sell, distribute, license, rent or otherwise exploit the Licensed
> material, or any element of it, for any commercial purpose;
> 
> - make the Licensed Material, or any element of it, available by any means
> to persons other than Authorized Users;
> 
> - make the Licensed Material, or any element of it, available on, or by,
> electronic bulletin boards, news groups, Web sites, FTP or any other means
> of posting or transmitting material on the Internet, an on-line service or
> wide area network;
> 
> - remove or obscure the Licensor's copyright notice from the Licensed
> Material including hard copy print-outs;
> 
> - Use the Licensed Material to create any derivative work product or
> service, or merge the Licensed material with any other product, database,
> or service;
> 
> - Alter, amend, modify, translate, or change the Licensed Material;
> 
> - [MY FAVORITE] Undertake any activity which may have a damaging effect on
> the Licensor'ss ability to achieve revenue through selling and marketing
> the Licensed Material; - Etc.
> --- end of quote ---