Incyte Proteome Bioknowledge Database

[Phil Davis <pmd8@cornell.edu>]

Dear Liblicense,

I have entered into a new dispute over the licensing of Incyte's
Bioknowledge database.  Evidently, they want all users to register before
gaining access to this resource.  The registration asks more than just
their name, email address and affiliation.  After registration, patrons
would need to keep track of their username and password.

I have argued that Cornell cannot sign away the rights of our users to
divulge personal information.  The library has always protected the
confidentiality of the user, and that we are in no position to allow this
contract to set up precedent for other resources to follow.  This was an
issue of academic freedom.

Their response was that the registration allowed Incyte to customize the
databases to better suit their clients.  My response was that
customization may be an *option* for the patron, but cannot be a
*requirement*.  There must be full and uninhibited access to the resource
for authorized users.

The company's justification is that registration has been in place for
years (when the product was free on the Web) and that they are not in the
position to change it now.  They are surprised that I am bringing this
issue up at this time.  My response was that it was unclear that users
would have to register in the institutional for-money agreement, and that
access was presumed to be by IP range.  I argued that Cornell can not be
responsible for a free resource on the Web, and that the arrangement
changes when we sign a legal agreement and pay for the resource.

My question to liblicense is two-part:

1) Have other libraries run into this registration issue (either with
Incyte or other publishers)?

2) Is the absence of a negative clause in the license (i.e. access will
NOT involve the patron first registering), a justification for requiring
registration?

Thanks for your thoughts on this matter.

Philip Davis, Life Sciences Bibliographer
Mann Library, Cornell University, Ithaca, NY 14853
(607) 255-7192 ;  (607) 255-0318 fax
pmd8@cornell.edu
http://people.cornell.edu/pages/pmd8/