From: SANFORD G THATCHER <[log in to unmask]>
Date: Thu, 14 Jun 2018 11:46:41 -0400

Behavior such as faculty members giving their access codes to Sci-Hub? :)


On Thu, Jun 14, 2018 04:27 AM LIBLICENSE <[log in to unmask]> wrote:

>From: Peggy E Hoon <[log in to unmask]>
>Date: Wed, 13 Jun 2018 17:10:23 +0000
>
>Completely agree with Cindy – in these licenses, you are the lending
>library.  As Cindy says, the CONTU Guidelines applied to borrowing
>libraries since it was a way – deemed reasonable in 1978 based on the
>environment, practices, journal price and market, library budgets, etc., in
>existence in the mid-1970s – to interpret what might trigger the ‘need’,
>under Section 108, to subscribe based on the amount of the journal you were
>using.  CONTU was trying to put numbers on what constituted a substitute
>for a subscription in 1978, which, btw, was 40 years ago, is not the law,
>was not intended as a hard and fast rule, and was supposed to evolve as the
>environment evolved.   As a lending library, you cannot possibly know or
>monitor what a borrowing library is or is not doing with respect to either
>Section 108 or its 1978 interpretation, aka CONTU.  Putting that in a
>license amounts to essentially throw-away language since a lending library
>does not have the obligation, under the law or any guidelines, or the
>ability to monitor or control what a borrowing library does.  As Cindy and
>others recommend, it really makes no sense to have it there because it
>doesn’t do anything.
>
>An analogy would be when a license attempts to require the institution to
>“warrant” or “ensure” or “promise” that its users (in our case,
35,000)
>will/shall abide by the terms and conditions of the license.  Really?  So
>far, neither I nor any of the Vendors I have asked point blank, have been
>able to tell me one single thing the institution can do to prospectively
>control the behavior of my 35,000 users.  Nada.  I can use reasonable
>measure to control access, to inform them of T&Cs and to respond to
>perceived situations but I cannot promise or warrant their behavior.  So,
>don’t do it.
>
>Best,
>Peggy
>
>*Peggy E. Hoon, J.D.*
>
>Director of Copyright Policy and Education
>LSU Libraries
>Louisiana State University
>295 Middleton Library, Baton Rouge, LA  70803
>office 225-578-2218 | fax 225-578-6825
>lsu.edu <http://www.lsu.edu/>
>
>From: "KRISTOF, CYNTHIA" <[log in to unmask]>
>Date: Sun, 10 Jun 2018 22:20:58 +0000
>
>Because CONTU is a set of guidelines with activities (such as tracking)
>that concern the borrowing library. The lending library has a couple duties
>in CONTU, too, but the weight is largely on the borrowing library. As you
>know ILL sections of licences concern what libraries can do as lenders.
>However, we can't control what the borrowing libraries do regarding CONTU
>tracking... therefore, it's largely absurd to agree to it in a license and
>potentially trouble. I know the potential trouble part is probably a long
>shot. I just got done vacuuming, so I'm kind of wiped out, and this
>probably isn't the best explanation!
>
>Maybe others can add to this? I hope this helps.
>
>------------------------------
>
>From: Rachel Becker <[log in to unmask]>
>Date: Sat, 9 Jun 2018 15:16:32 +0000
>
>Hi Cindy,
>
>Can you expand on why you recommend not including CONTU guidelines in
>licenses?
>
>Thank you!
>
>Rachel Becker
>Electronic Resources Management Librarian
>University of Wisconsin – Madison