Re: Double Licenses

["anthony.watkinson" <anthony.watkinson@BTinternet.com>]

I cannot accept that it is necessarily wrong for a publisher to try to
educate users especially as there are some librarians (not many now but
more in the past) who denied that it was part of their job to do so. I
cannot see it as "chilling" to be told, as a user, what you can do or
cannot do under the terms of the licence which has given you access. I am
pasting in a document, the status of which is self explanatory, which I
wrote in 1997. The contentious bit is of course clause 4. My concern as a
publisher was that there would be systematic sending on of an article to a
large email list. It seems to me a legitimate concern. It is very easy to
systematically send on documents in this way.

C:TERMS AND CONDITIONS OF ONLINE ACCESS FOR AUTHORIZED USERS

This document will be electronically attached to each pdf file and/or
displayed prominently on the site.

Your right of access to and use of this online article is governed by the
following terms and conditions:

1) You agree to respect the copyright which is set out at the base of the
first page  of this article and protects the full rights of the authors of
the article.
2) You may not transfer, sell or rent the rights granted under these terms
and  conditions.
3) You may not alter or modify the content or presentation in any way.
4) You may not  transmit electronically the article accessed except to other
authorised users or subscribers.
5) You may download or print one copy of this article for research, teaching
or  study purposes only.
6) You may send downloaded  and printed out copies of individual articles to
persons who are not authorized users or subscribers for the purpose of
scholarly communication as long as such transmission is not done on a
systematic basis.
7) The publisher reserves the right to cancel your access to the journal
which  contains this article if these terms and conditions are infringed.
8) If you find errors in the electronic files of, or associated with, the
journal,  please inform the publisher on xxx
9) If you seek permission to use this article in ways not covered by these
terms  and conditions, please contact our rights department at  xxx


-----Original Message-----
From: Terry Cullen <tcullen@seattleu.edu>
To: 'liblicense-l@lists.yale.edu' <liblicense-l@lists.yale.edu>
Date: 04 February 1999 20:32
Subject: RE: Double Licenses


>Steven,
>
>You don't sound at all confused to me.  The arrangement you describe is
>perfectly acceptable.  But now some publishers have imposed on the system
>a purportedly separate license with the end user, that the user "accepts"
>by clicking through to release the database for searching.  I know of no
>cases in which such click-throughs have been enforced, or even of any
>cases in which a publisher has sued an end-user for breach of the
>click-through license.  In my opinion, they aren't enforceable from either
>a legal or practical view.  But these click-throughs may purport to
>restrict uses beyond the restrictions agreed to by the library, and thus
>have a chilling effect on legitimate uses by the end-user.  The publishers
>who use these click-throughs call it "education," but I think it is
>over-reaching.
>
>Terry Cullen, Esq.
>Electronic Services Librarian
>Seattle University School of Law Library
>950 Broadway Plaza, Tacoma, WA  98402-4470
>Email:  tcullen@seattleu.edu
>Phone:  253-591-7092  FAX:  253-591-6313