Re: License problem with American Geophysical Union

["rrhoon.mail.ncsu.edu" <robert_hoon@ncsu.edu>]

Though I haven't faced it with the AGU license, I am often faced with the
retort from the resource representative that "... other institutions have
signed, I don't know why you are having such a problem with it."  It is
always slightly irritating to hear that a a justification.  I suspect that
in many cases others are in fact signing off on inappropriate clauses or
language that reaches too far because they either perceive the risk as too
remote or simply want to the resource bad enough despite the existence of
the language.

I doubt I have any strategies you haven't tried ... unrealistic to place
library in position of policing behavior, inappropriate to expect library
to contractually assume responsibility for bad acts of third parties, and
inability to control users method and means (tort standard).  I have
explained to other resources that the best we can do is subject library to
reasonable efforts, and upon discovery of contractually prohibited
behavior library will take steps consistent with institutional policies to
deny access.

Probably not much help, I am interested in hearing how you resolve the
issue however.  rob

----- Original Message -----
From: "Rick Anderson" <rickand@unr.edu>
To: "Liblicense-L@Lists. Yale. Edu" <liblicense-l@lists.yale.edu>
Sent: Tuesday, September 09, 2003 8:10 AM
Subject: License problem with American Geophysical Union

> Here's another question for the collective wisdom.
>
> I'm negotiating a license agreement with the American Geophysical Union,
> and I'm finding them surprisingly unwilling to bend on a term that, if
> left unchanged, would make our library institutionally responsible for the
> behavior of all authorized users.  Actually, the AGU has bent somewhat --
> first by rephrasing the clause but leaving it functionally identical, then
> by substantively changing it without leaving the library clearly free of
> institutional responsibility for patron misuse.  The changes are getting
> us closer to an acceptable license, but I'm surprised by AGU's unique
> unwillingness simply to take that language out.  My contact there tells me
> that some (though not all) of AGU's library customers have simply signed
> off on the original language.  I find that hard to believe, unless these
> customers are signing their licenses without reading them, which is
> (unfortunately) a possibility.
>
> Has anyeone out there either made a conscious decision to accede to the
> terms as written, or succeeded in getting AGU to change them
> substantively?
>
> Rick Anderson
> rickand@unr.edu