RE: license requirement to expunge data, post termination

[Michele Newberry <fclmin@ufl.edu>]

This is very much like language that used to be in the contracts 
we had when we were locally-loading A&I databases. Then it made 
sense because we had all that content on our servers so, if we 
didn't renew, it was understandable that the vendor/publisher 
wanted to be sure we expunged all the data we'd received so it 
would no longer be accessible to our users. It this day and age, 
how can anyone expect libraries to know where pieces of data 
downloaded from online resources are residing?

Obviously the lawyers and the techies aren't in sync at this 
company.

- Michele

~NOTE EMAIL ADDRESS CHANGE TO FCLMIN@UFL.EDU

~~~~~~~~~~~~~~~~~~~
Michele Newberry Assistant Director for Library Services
Florida Center for Library Automation 352-392-9020
5830 NW 39th Avenue 352-392-9185 (fax)
Gainesville, FL 32606 fclmin@ufl.edu
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


On 2:59 PM, Hiatt, Derrik wrote:
  > <pre wrap> This is for an online database, yes? I'm wondering
  > what "copies" they expect you to return and/or destroy.
  >
  > I've seen language like this pop up a couple of times, and it
  > has been just as you conjectured below--a product normally
  > licensed to a business. In one case, we were the first library
  > the licensor had ever licensed their product to, and they
  > really didn't understand how our operation worked. I explained
  > to them that this was simply something we did not have the
  > power to guarantee. We can promise to delete any *library*
  > copies (especially since it's online, and we're just removing
  > the link), but that we don't have any way to make our
  > individual *users* delete portions of the data that they may
  > have downloaded.
  >
  > I would ask them exactly what the library is expected to *do*
  > to "expunge the Data," etc., in light of it being an online
  > product. Maybe it's things you already do. Then ask them to
  > clearly distinguish (in the license) between what you, the
  > Licensee, are expected to do vs. what your individual users
  > are expected to do. But make sure they understand that you as
  > Licensee cannot guarantee/enforce particular user behavior.
  >
  > C. Derrik Hiatt
  > Electronic Resources Librarian
  > Z. Smith Reynolds Library
  > Wake Forest University
  > Winston-Salem, NC 27109
  > hiattcd@wfu.edu
  >
  > -----Original Message-----
  > From: owner-liblicense-l@lists.yale.edu
  > [mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Andrea Langhurst
  > Sent: Friday, April 15, 2011 3:15 PM
  > To: liblicense-l@lists.yale.edu
  > Subject: license requirement to expunge data, post termination
  >
  > Hi All,
  >
  > I'm in the process of reviewing an agreement for a business
  > database. The license includes a clause:
  >
  > Upon the termination of this Agreement for any reason,
  > Licensee shall promptly expunge the Data, and any items
  > calculated from the Data from its computer systems other than
  > insubstantial portions of the Data which incidentally appear
  > in transaction records and files that Licensee is required to
  > retain under applicable law, and shall return to XYZ all
  > copies thereof, and promptly after XYZ's request, an officer's
  > certificate stating that all such copies have been destroyed
  > and all Data (except as allowed in the preceding sentence) has
  > been expunged.
  >
  > I'm curious if other libraries are have agreed to such terms
  > (or products with similar requirements) and what they are
  > doing when they see such a clause. Do you have a workflow in
  > place in the case of termination of such a product? I've been
  > unable to negotiate any change to the language.
  >
  > I'm also wondering if something like this might not typically
  > be licensed through a university library, but perhaps more
  > directly to a department or group that might be able to more
  > readily agree to such terms?
  >
  > Feel free to respond to me off list, if that makes you feel
  > more comfortable to respond.
  >
  > Thanks,
  >
  > Andrea M. Langhurst
  > Licensing/Acquisitions Librarian
  > Electronic Resources &amp; Serials Access Department
  > University of Notre Dame
  > Notre Dame, IN 46556
  > langhurst.1@nd.edu