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Re: liability language 

This, of course, begs the question as to what would constitute 
"reasonable efforts". I would be interested to know what disciplinary
sanctions librarians would consider taking against users found to be
breaching licence conditions. 

Marcia Tuttle wrote:

> Kimberly, At the University of North Carolina at Chapel Hill Library, yes,
> we have run across this language. No, we absolutely have not signed a
> contract containing this language. What we have tried to do --
> successfully -- is to substitute language like "will make reasonable
> efforts to prevent..." (not _every_ effort!) So far as I remember, such a
> change has always been accepted by the provider.
>
> Marcia Tuttle, Licensing Librarian
> University of North Carolina at Chapel Hill
> marcia_tuttle@unc.edu
>
> On Tue, 6 Jan 1998, Kimberly Parker wrote:
>
> > I recently ran across a license that provided a list of appropriate uses
> > of the data and included a sentence that said that the Institution signee
> > was liable for any violations of these appropriate uses by the Authorized
> > Users (previously defined in the contract).
> >
> > I have several questions for the list.
> >
> > Has anyone else run across this contract language and signed it?
> >
> > Is there a difference of feeling on such language between corporate
> > institutions who might be expected to more closely control the behavior of
> > their employees and academic institutions?
> >
> > And for information providers, can there be appropriate substitutions for
> > such language?  In this particular instance we proposed alternate language
> > such that we (the Institution) would work with the information provider to
> > identify and correct any violations.  This was not accepted by the
> > provider.
> >
> > I see a shadowy parallel here to court cases where an internet service
> > provider was sued for the use to which their service was put.
> >
> > Anyone care to comment or answer one or more of the above questions?

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http://www.plato32.demon.co.uk/Edward
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