From: "Tom O'Hare" <[log in to unmask]>
Date: Tue, 24 Nov 2015 23:36:31 -0500

Hi John,

It sounds like they're allowing scholarly sharing and attempting to
delineate exactly what that is.

Scholarly sharing is, itself, kind of a complicated issue. Users from
other institutions aren't allowed to access all of your EBSCO
resources willy-nilly, though they would be able to access individual
items on a case by case basis. The library has to keep its hands off
of it, though, lest it violates ILL policies elsewhere in the
agreement (and in the section you quoted).

I am not a lawyer and my interpretation isn't gospel, but I have
written and read my fair share of license agreements. That's my best
guess as to what EBSCO is going for in that clause.

Hope this is a little bit helpful,

Tom
(Formerly of T&F and Springer)



On Nov 24, 2015, at 10:15 PM, LIBLICENSE <[log in to unmask]> wrote:

From: "Dixon, John ([log in to unmask])"
Date: Tue, 24 Nov 2015 10:49:19 +0000


Dear all

I’ve been reading the EBSCO product license, at

http://support.ebsco.com/ehost/terms.html

and I’m a bit confused by section B.

The last part two lines which I’ve put in bold are a bit unclear. When
I first read these two lines I thought it was referring categorically
to users at non-subscribing institutions. Taken in this vein these
lines suggest that users from non-subscribing institutions are allowed
remote access as long as it is for personal use (but not for
commercial or cost-reduction)

However, earlier in the paragraph it has been stated that remote
access for non-subscribing institutions is prohibited:

“security procedures are undertaken that will prevent remote access by
institutions, employees at non-subscribing institutions or
individuals, that are not parties to this Agreement”


So on second reading I thought maybe these two lines refer to the
‘patrons of subscribing institutions’ mentioned in the sentence before
the two in bold?

This is the paragraph in question:

B. The Licensee is authorized to provide on-site access through the
Sites to the Databases and Services to any Authorized User. The
Licensee may not post passwords to the Databases or Services on any
publicly indexed websites. The Licensee and Sites are authorized to
provide remote access to the Databases and Services only to their
patrons as long as security procedures are undertaken that will
prevent remote access by institutions, employees at non-subscribing
institutions or individuals, that are not parties to this Agreement
who are not expressly and specifically granted access by EBSCO. For
the avoidance of doubt, if Licensee provides remote access to
individuals on a broader scale than was contemplated at the inception
of this Agreement then EBSCO may hold the Licensee in breach and
suspend access to the Database(s) or Services. Remote access to the
Databases or Services is permitted to patrons of subscribing
institutions accessing from remote locations for personal,
non-commercial use. However, remote access to the Databases or
Services from non-subscribing institutions is not allowed if the
purpose of the use is for commercial gain through cost reduction or
avoidance for a non-subscribing institution. Remote access for
personal use from these institutions is permissible.


I’m pretty sure that EBSCO are trying to say that users at
non-subscribing institutions cannot access their resources, but I
think this isn’t clear in the wording of the licence. It would be nice
to see how others interpret this paragraph.

Many thanks

John

John Dixon
Library Systems Officer
Canterbury Christ Church University
Email: [log in to unmask]