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RE: Fair use (Re: Xerox ContentGuard)

Publishers determine most of the terms of the license agreements.
Libraries and other subscribers may alter, to their advantage, certain
phrases and nuances of the agreements.  By agreeing to the terms,
both parties become responsible for the enforcement of the license
itself.  What I worry about with such "non-intrusive mechanisms" is
will their use be noted in the license agreements?  When
will a library's obligation to enforce the terms of the agreement end?
It improper use of the data from a licensed product can be traced back
to a library what will the consequences be?  It is rather difficult to track
use now of such products, but I would want strict wording in all my
license agreements that a library's obligations to enforcing the terms of
the license ends after the initial use by a patron.

> -----Original Message-----
> From:	David Goodman [SMTP:dgoodman@Princeton.EDU]
> Sent:	Friday, September 03, 1999 6:10 PM
> To:	liblicense-l@lists.yale.edu
> Subject:	Re: Fair use (Re: Xerox ContentGuard)
> I think publishers are entitled to a non-intrusive mechanism for enforcing
> reasonable license terms, and the adoption of a generally known standard
> system might facilitate appropriate and consistent licensing policies.  
> The important issue remains the license terms. Knowing the availability of
> these techniques, librarians and publishers now ought to focus on making
> sure that licenses include only appropriate restrictions, protect the
> privacy rights of users, and do not diminish the established rights of
> fair use. Perhaps the standard contracts that have been suggested should
> now be revised to deal explicitly with this.
> -- 
> David Goodman 
> Biology Librarian, and
> Co-Chair, Electronic Journals Task Force
> Princeton University Library 
> dgoodman@princeton.edu         http://www.princeton.edu/~biolib/
> phone: 609-258-3235            fax: 609-258-2627