Re: Do your end-users see publishers' licenses?

[Kimberly Parker <kimberly.parker@yale.edu>]

David, as I note that you posted this same question before and didn't get
any public answers, let me at least try to provisionally answer this
question.  Different libraries, of course, have different practices, but
for those who are making a strong effort to fulfill their responsibilities
of informing users of any terms of use, the most common practice appears to
be an "intermediate" descriptive web page that is reached either from a
web-list of databases or the online catalog.  This descriptive page often
has help guide links, other related resource links, email reference links,
etc. as well as terms of use synopses or links.  If a publisher has a
public license on a web-site, it is easy to link to it.  If a publisher
doesn't have confidentiality clauses in a a license, it is possible
(although not necessarily trivial) to place the actual negotiated version
online to be linked to.

However, having an intermediate web page linking to terms of use doesn't
prevent users from bookmarking the actual site instead of the intermediate
page.  And in the specific case you inquire about below (Z39.50), the
library's intermediate page most probably also has instructions on how to
configure the Z39.50 set up for that institution and resource.  Once the
user has the configuration instructions, they may never need to return to
the intermediate web page again.  Again, libraries faithfully following
terms of use that specify not removing opening splash-screens, etc. would
not provide configuration instructions on bypassing them, but sophisticated
users can work things out for themselves.

I think the main key to all this is that libraries make a best faith effort
to present the users with terms of use.  This will mean that at least the
first time the user enters a database, they will be presented the
opportunity to review the terms of use.  If they choose to bypass it on
later entries, there's not a whole lot anyone can do without being overly
annoying or intrusive.

My personal 2 cents worth for the day.

-------------------------------------------------------------
Kimberly Parker
Electronic Publishing and Collections Librarian
Yale University Library
130 Wall Street              Voice (203) 432-0067
P.O. Box 208240              Fax (203) 432-8527
New Haven, CT  06520-8240    mailto:kimberly.parker@yale.edu
-------------------------------------------------------------

At 01:49 PM 4/15/99 -0400, you wrote:
>Hello,
>
>I would be interested what the practice of your library is in the
>following situation:
>
>Most licenses require the library to make best efforts to have end-users
>comply with license terms.  What do you do to show your end-users the
>license of a publisher if the end-user interface (as with Z39.50) is one
>which can be customized to bypass the publisher's title screen and
>license?
>
>David Mirchin
>Vice President & General Counsel
>SilverPlatter Information, Inc.
>dmirchin@silverplatter.com
>tel: 781-769-2599, ex. 235
>fax: 781-769-8763