RE: Unauthorized downloading of scientific information

["Rick Anderson" <rickand@unr.edu>]

> We have an obligation to monitor and enforce compliance with the terms
> of our license agreements, of course.  If we do find people downloading
> large amounts of information, however, let us remember there are
> potentially very innocent reasons for this, and not assume intent of
> piracy with no proof.

I'm pretty sure that no one's suggesting we should throw systematic
downloaders into prison without trial.  When a library is faced with
systematic downloading in clear breach of contract, the more common
approach is to find out where the problem is happening, try to determine
why it happened, and take steps to prevent it happening again.  That's
what we do at UNR, and I think we're probably pretty typical in that
regard.  We've found that in some cases the problem stems from users who
don't understand that they're doing anything wrong.  In other cases (the
majority, in my experience), the problem stems from people who know
perfectly well what they're doing and take measures to hide it -- such as
sneaking into someone else's office and using their computer. Sometimes
the downloader isn't affiliated with our university at all, but has found
an open IP address and hacked into the system from elsewhere.

I'm sure that there are also cases where researchers are downloading
content systematically in order to perform legitimate research.  In a case
such as that, it would make sense to talk with the licensor (ahead of
time, preferably) and make arrangements for an exception to the license
restrictions.  But it's important to point out that we do not have a
legitimate alternative to abiding by our licenses.  If we're not vigilant
about honoring our contracts, then no rational company will (or should) do
business with us.

----
Rick Anderson
Dir. of Resource Acquisition
University of Nevada, Reno Libraries
rickand@unr.edu