Re: License problem with American Geophysical Union

["Dave Fisher" <Dave@library.ucsd.edu>]

Rick,

We had substantially the same experience with AGU's licensing team last
year when I submitted the same complaint. They responded with a modestly
revised clause that retained references to "authorized users".  I usually
balk at these buzz words but acceded on the grounds that several
constructions in the clause provided us with some immunity as long as we
follow our existing policies.

1)  Enforcement of indemnification is predicated on our use of the
licensed materials "...NOT IN ACCORDANCE WITH THIS LICENSE....PROVIDED
THAT NOTHING IN THIS LICENSE SHALL MAKE THE LICENSEE LIABLE FOR BREACH OF
THE TERMS OF THE LICENSE BY ANY AUTHORIZE USER PROVIDED THAT THE LICENSEE
DID NOT CAUSE, KNOWINGLY ASSIST OR CONDONE THE CONTINUATION OF SUCH BREACH
TO CONTINUE AFTER BECOMING AWARE OF AN ACTUAL BREACH HAVING OCCURRED."

The fact that we make redacted copies of our licenses available to
patrons, and that we provide additional instruction on use and misuse of
online materials on the library portal demonstrates that we don't condone
misuse of online resources, and in practice we don't cause or knowingly
assist in such behavior.

Have I accepted unnecessary risk in this case? I'd appreciate yours or
others interpretations of this wording.
 
David L. (Dave) Fisher                                  
Electronic Resources Coordinator   
Geisel Library/Acquisitions Dept.      
University of California, San Diego   
9500 Gilman Drive 0175A
La Jolla, CA 92093-0175
dfisher@ucsd.edu
      (858) 822-1004
Fax (858) 534-1256