From: Darby Orcutt <[log in to unmask]>
Date: Thu, 12 Dec 2013 08:24:51 -0500

David,

We have tried several times over the past 12+ years to license this
resource, with no success. There are terms in the agreement that we
cannot legally sign under North Carolina law, and UCI stubbornly
refuses to change anything. This is the ONLY resource that I have ever
had to outright deny our users due to the absolute intransigence of a
vendor (commercial or not) on any term other than price, and the folks
at UCI ought to be ashamed - but they clearly don't care.

Best,
Darby

Darby Orcutt
Assistant Head
Collection Management Department
North Carolina State University Libraries
Raleigh, NC  27695-7111
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On Wed, Dec 11, 2013 at 6:33 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: David Macaulay <[log in to unmask]>
> Date: Wed, 11 Dec 2013 18:09:02 +0000
>
>
> Hello all,
>
> Concordia University is looking into a subscription to TLG (Thesaurus
> Linguae Graecae), published by University of California at Irvine, but
> we are having some problems with the license. There are a number of
> changes we would like to have made, mainly involving inclusion of
> references to Canadian and Quebec law -  but most importantly, there
> is one sweeping restriction on usage that we feel is unenforceable as
> well as contrary to fair use/dealing:  "Licensee may not under any
> circumstances download, print, make copies of and/or distribute TLG
> materials". Actually there was a typo in the original text, forbdding
> us to "print make copies" - this was the only thing they agreed to
> change!
>
> The only mitigating factor here may be that "authorized users" are not
> mentioned in this statement. Other statements of permitted and
> restricted uses refer to "Licensee and Authorized Users". I find the
> distinction difficult to sustain, however.
>
> Looking into the Liblicense-L archives, I see that there was some
> discussion in 2002 regarding changes to the indemnity clause. I am
> wondering about the more recent experience of other institutions with
> this publisher. Have other libraries signed the agreement that
> includes the above restriction? Do others see this clause as
> problematic? Has anyone been able to negotiate changes to the standard
> TLG agreement?
>
>
> David Macaulay
> Electronic Resources Librarian
> Concordia University Libraries
> Montreal QC H3G 1M8
> [log in to unmask]