RE: Fair use (RE: electronic journals CCC)

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

> I maintain that you will not be prevented from enacting the scenario you
> imagine by any restriction on electronic ILL in a database license.  The
> idea is ludicrous!

Well, right.  It's also true that my employment contract doesn't prevent
me from staying home.  I think you're confusing enforceability with
prophylaxis.  In and of itself, a contract can't prevent anything -- it
can only give each contracting party recourse in the event of a breach by
the other, thereby (hopefully) making compliance a more attractive option
than breach for all involved.  The question isn't whether it's possible to
physically prevent illegal distribution, but whether both parties agree
that allowing electronic ILL is a good idea.

-------------
Rick Anderson
Electronic Resources/Serials Coordinator
The University Libraries
University of Nevada, Reno
1664 No. Virginia St.
Reno, NV  89557
PH  (775) 784-6500 x273
FX  (775) 784-1328
rickand@unr.edu

"A revolution involves a change in structure;
a change in style is not a revolution."
        -- Karl Marx