RE: meaning of "systematic"

["Bolick, Bob" <Bob_Bolick@mcgraw-hill.com>]

The probable origin of "systematic" in that contract can be found at
http://www.cni.org/docs/info.policies/CONTU.html.  The "good faith"
expected is that your interlibrary arrangements "do not have, as their
purpose or effect, that the library or archives receiving such copies or
phonorecords for distribution does so in such aggregate quantities as to
substitute for a subscription to or purchase of such work."

Hope that helps.

-----Original Message-----
From: Rick Anderson [mailto:rickand@unr.edu]
Sent: Saturday, June 01, 2002 11:42 PM
To: liblicense-l@lists.yale.edu
Subject: RE: meaning of "systematic"

> Have you any views, or can you refer me to any authoritative
> interpretation of "systematic" in this context?

I would suggest that your mistake was in asking the publisher to interpret
the language for you.  Instead, I think you should have let the ambiguity
work in your favor -- come to a good-faith understanding, within your
institution, of what "systematic" means, and then abide by it.  "Good faith"
is essential -- I'm not suggesting that you should use ambiguity as an
excuse to take undue liberty.  But you can be sure that if you ask the
publisher to intepret the terms of the license, the interpretation given
will be strict.  And then you're stuck with a documented exchange.

-------------
Rick Anderson
Director of Resource Acquisition
The University Libraries
University of Nevada, Reno      "That wasn't a Freudian slip;
1664 No. Virginia St.              it was a Jungian slip."
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PH  (775) 784-6500 x273
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rickand@unr.edu