Re: "Double" Licenses

[Michele Newberry <FCLMIN@NERVM.NERDC.UFL.EDU>]

This explanation is all well and good, but what if the terms and
conditions negotiated by the library are different from those described
in the document the user is expected to click on?  I find it hard to
believe that publishers and aggregators are tailoring their web pages
to each customer.  It is one thing to have a few simple statements such
as the publisher retains its copyrights yet recognizes those allowed by
law to the user followed by a brief description of what the user can do
with the content (search, print, download, use for non-commercial
educational and research purposes, etc...).  It is entirely something
different when the document is filled with legalese and describes the
remedies the publisher will use if the terms are violated thus
constituting a separate agreement from the one negotiated by the library
and/or university on behalf of all of its constituents.

And where in these click on agreements are the publishers' commitments
to meet certain quality and performance criteria?  My experience is that
these click on licenses are very one-sided.

   -Michele Newberry
    Florida Center for Library Automation


On Wed, 20 Jan 1999 13:00:56 EST Lev Malov said:
>I recognise the situation in 'Terms and Conditions for use of Turpion
>Electronic Journals' (http://www.turpion.org).
>
>Turpion allows the Subscriber, and Users authorised by the Subscriber (see
>Terms & Conditions at the above site), a FREE online access, via the
>specified IP ranges, to the Turpion electronic journal for which the
>Subscriber maintains a subscription to the print version.
>
>A person in charge (usually a librarian) registers the Subscriber for
>online access only ones, and accepts or negotiates Terms & Conditions with
>Turpion (a publisher of the English translations of leading Russian
>academic journals in physics, mathematics and chemistry). This is a process
>of license's negotiation.
>
>When the authorised users officially affiliated with the Subscriber access
>the journals they must accept the Terms & Conditions ("click" to agree) to
>confirm that they have been advised about the terms. I think it is a simple
>way to inform end-users first of all what is permitted and what is
>forbidden to do with electronic versions. It is an information function of
>end-users' online service.
>
>Lev Malov
>Manager, Turpion-Moscow Ltd.