From: Michelle Polchow <[log in to unmask]>
Date: Tue, 17 May 2016 21:12:18 +0000

Hi Juleah,

I have also seen these restrictions and have the same questions and
concerns.  I find it troublesome that content providers would prohibit
libraries from using their own 'business data' within systems of their
own choosing, particularly if there is already a third-party agreement
and payment in place.  Operations management has a completely
different set of complex management components which cannot be driven
by content acquisition.  Libraries also have a long history of sharing
resources between institutions, so operationally this limitation is in
opposition to the mission, particularly as more collaboration is being
reached through consortia and membership relationships.

Are your questions in preparation for negotiations or are you finding
push-back on eliminating these terms from the license?

The NISO literature describes COUNTER/SUSHI as a community of
participants with the goal to share standardized data, so this new
licensing language appears to be in opposition to the open and
unrestricted relationship for which the standard originated. #11 on
the FAQs

http://www.niso.org/workrooms/sushi/faq/general

seems to imply that content providers have entered the relationship
willingly and without secondary limitations imposed outside the scope
of the project.  But perhaps this is something that NISO should
consider making explicit?

I also look forward to hearing input from others on this topic.

Best,
Michelle Polchow

Michelle Polchow, MSLIS
Electronic Resources Librarian
 Collection Development
George Mason University Libraries
Fairfax, VA  22030