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meaning of "systematic"
- To: firstname.lastname@example.org
- Subject: meaning of "systematic"
- From: Ann Okerson <email@example.com>
- Date: Fri, 31 May 2002 14:12:18 -0400 (EDT)
- Reply-To: firstname.lastname@example.org
- Sender: email@example.com
Forwarded for Pam Davies, IPR Officer, Brotherton Library, University of Leeds. ____ From: Pam Davies <firstname.lastname@example.org> To: "Email list Liblicense-L (E-mail)" <email@example.com> Subject: meaning of "systematic" Date: Fri, 31 May 2002 15:56:45 +0100 Colleagues, We have a licence agreement with an ejournal publisher which says: "Systematic or programmatic downloading (for example, downloading entire journal issues), service bureau redistribution services, printing for fee-for-service purposes and/or the systematic making of print or electronic copies for transmission to non-subscribers or non-subscribing institutions (such as in "interlibrary loan") are prohibited." I couldn't work out from this whether normal interlibrary loan was allowed. I asked our local legal advisor, who couldn't interpret the word "systematic" for me in this context. I emailed the publisher, asking: "I'm not clear whether your licence is saying: (a) that the operation of an Interlibrary loan service constitutes "systematic" making of copies for transmission to other users, and therefore is forbidden or (b) that making systematic copies for supply to other users through Interlibrary loan (eg sending them a copy of each issue as it appears) is forbidden (but, by implication, normal Interlibrary loan is OK)" And their reply was: "Thank you for your inquiry. Interlibrary loan fulfillment is not permitted from the online journals. Requests for material can be supplied from the print copy of the journal, but it is not acceptable to use the electronic journal for this purpose. Our license states (a) that the operation of an Interlibrary loan service constitutes "systematic" making of copies for transmission to other users, and therefore is forbidden. " Someone I've since spoken to thinks this is *not* a reasonable interpretation of that licence. Have you any views, or can you refer me to any authoritative interpretation of "systematic" in this context? Best wishes -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pam Davies, IPR Officer, Brotherton Library, University of Leeds, LEEDS LS2 9JT, UK email: firstname.lastname@example.org phone: 0113 343 5543 fax: 0113 343 5561
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