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Re: Re: InfoTrac� College Edition

Donnie, I've think you've seen the essential point as far as the publisher
is concerned: if the feature is used by the faculty member, it prevents
the resale of the textbook. Textbooks aren't journals: the ability to
resale them has a significant impact on the publisher's market.

For this sort of material provided in this manner, the license terms do
not strike me as unreasonable.

David Goodman
Research Librarian and
Biological Sciences Bibliographer
Princeton University Library
dgoodman  @princeton.edu            609-258-7785

> Date: Sat, 22 Jun 2002 19:34:36 -0700 (PDT)
> From: Donnelyn Curtis <dcurtis@unr.edu>
> To: consort@ohiolink.edu, liblicense-l@lists.yale.edu
> Subject: Re: [iso-8859-1] InfoTrac� College Edition
> I was asked to write a literature review section and an appendix on
> "Library and World Wide Web Resources" for a textbook on social work
> research methods that was published by Brooks/Cole, apparently an imprint
> of Wadsworth/Thomson Learning. When I got my copy, there was a card inside
> with a password for a 4-month subscription to InfoTrac College Edition,
> "The Online Library." At the time I just thought I had probably wasted a
> bunch of time, since who would bother to read what I had written about
> library resources if they were instructed to use the textbook's online
> library? At the end of each chapter there are InfoTrac exercises: "Search
> for 'positivism' and examine how the articles refer to and use this term."
> Now that Chuck has asked the question about license terms, I logged in
> with my password. The registration form has a click-through license with
> the kind of terms you'd expect (abbreviated here) --
> 1. Gale has the right to "modify any aspect of the Service" and "may
> discontinue the Service without prior notice."
> 2. the right to use the service is not transferable
> 3. "Member agrees to indemnify and hold Gale Group harmless ..."
> 4. member is responsible for equipment & services necessary to access the
> Service
> 5. Gale provides no warranties, this is an "as is" Service (this paragraph
> is in upper case)
> 6. members may use copyrighted materials only for their own use
> 7. the agreement is governed by the laws of Massachusetts
> 8. [not sure about this one] something about contractors authorized to
> make the service available ... see below * for entire paragraph
> 9. [not sure about this, either ... ] more about no warranties for
> internet performance. This sentence is interesting: "Member acknowledges
> that safeguards relative to copyright, ownership, decency, reliability and
> integrity of content may be entirely lacking with respect to the Internet
> and content accessible through it. Member assumes all risk and liability
> ..."
> I'm not sure how #9 relates to an article database. At first I thought
> that this version of InfoTrac might provide access to web pages, but I
> didn't find that to be the case.
> I've saved the entire agreement in case anyone wants a copy.
> It looks like a pretty robust full-text article database. It might be the
> same as Expanded Academic Index. I haven't seen the Infotrac interface
> lately, but this one has a choice of Subject Guide or Keyword searching in
> EasyTrac, and also has PowerTrac. "InfoTrac College Edition has 11,377,952
> articles" it says.
> I have mixed feelings about this sort of thing. Students aren't having to
> pay for something the library already pays for, textbooks are expensive
> whether or not they include InfoTrac access, though it might be
> problematic to buy a used textbook if the first owner already used up the
> password. Many students will never understand about library resources, and
> at least this way they get some kind of introduction to scholarly
> information resources and search protocols beyond Yahoo. It could give
> librarians another hook when explaining library-provided databases. Also,
> not every library is able to provide much in the way of databases.
> It does seem important for librarians to understand the whole information
> universe out there. It's no longer as simple as it was, with the library
> providing the only gateway to legitimate information resources. When
> textbook publishers and journal publishers and courseware providers and
> database providers are parts of one company, it is only logical that the
> library will be left out of some of the self-contained packages made
> available to students. Sometimes it's deliberate, for business reasons,
> and sometimes it's just expedient. There are authentication problems to be
> solved before proprietary library resources can be integrated with
> courseware, for example.
> One role for librarians is to make sure that our universities aren't
> paying for the same content more than once. And when companies like
> Questia market directly to students, the library has to do its own
> marketing. But even then, some students will be willing to pay for
> convenience if the library's resources are difficult to access or use.
> I had to provide my e-mail address when I registered to use my InfoTrac
> password. If Gale now tries to sell something to me as an individual I'll
> let you know.
> Donnie Curtis
> Director of Research Services
> University of Nevada, Reno Libraries
> * 8. Notwithstanding any acknowledgment of a Member purchase order by Gale
> Group, any provision or condition in any purchase order, voucher, or other
> memorandum of the Member which is in any way inconsistent with, or adds
> to, the provisions of this Service Agreement is null and void. Neither the
> course of conduct between parties nor trade practice shall act to modify
> the provisions of this Service Agreement. Gale Group may authorize or
> allow its contractors and other third parties to provide to Gale Group
> and/or to Member services necessary or related to making the Service
> available and to perform obligations and exercise rights of Gale Group
> under this Service Agreement, and may collect payment on their behalf, if
> applicable. If any provision of this Service Agreement is determined to be
> invalid, all other provisions shall remain in full force and effect. The
> provisions of paragraphs 3, 7 and 9 and all obligations of and
> restrictions on Member shall survive any termination of this Agreement.