From: Todd Puccio <[log in to unmask]>
Date: Tue, 13 May 2014 13:21:26 +0000

Colleagues,

An important point to keep in mind in relation to this Liblicense-l
forum is that we need to be mindful, and encourage others to be
mindful, of what is in the licenses.

This idea below about the Vendor owning and controlling all of the
content that is within those online class related materials is very
important.

Read your license careful and look for that area that describes what
they can do with the content.(in McGraw-Hill it is called "Other
Content").

The way that those licenses are originally worded is that whatever is
entered into their servers become theirs, for them to do what they
will with it.  Which means that any notes or great ideas that any
student or faculty member writes on the vendor's servers becomes the
vendor's. They can use it, distribute it, add it to future versions of
their content, etc.

We insist on a change in that language for our licenses in relation to
this type of user added ("Other") content.

Have the license re-worded so that any content that any user adds
shall be protected, private and used only for the purposes of "your"
license.   It should not be otherwise used, distributed or given to a
third party.

It is up to us to try to protect our Staff, Faculty, and Students from
exposure if we are the license negotiators.

T. Puccio

Todd Puccio
Director of Technical Services / Librarian
Nova Southeastern University
Health Professions Division Library
Ft. Lauderdale, FL 33328
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-----Original Message-----

From: Aline Soules <[log in to unmask]>
Date: Sun, 11 May 2014 09:10:30 -0700

This is a major issue and one that Charles describes succinctly and
accurately.  One difficulty is persuading faculty that they need to
by-pass such arrangements or, at least, negotiate for better terms.

In the CSU system, the Chancellor's Office started an initiative
called Affordable Learning Solutions. Now about 3-4 years in duration,
led by Gerry Hanley, we are persuading some faculty to choose
alternatives to the model described here.  More about the project is
available at htt://als.csuprojects.org.  It involves partnerships with
various companies, rental options, library options, open educational
resources options, and so on.  It's an uphill slog, but we are making
some progress.

Aline

Aline Soules, Librarian
California State University, East Bay
Hayward, CA  94542
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On Sun, May 11, 2014 at 6:19 AM, LIBLICENSE <[log in to unmask]> wrote:

> From: "Hamaker, Charles" <[log in to unmask]>
> Date: Sat, 10 May 2014 11:58:28 +0000
>
> Publishers have something new under the sun. The major textbook
> providers have created websites to "enhance" their educational
> textbook offerings. The only fly in the ointment is that along with
> the publisher's website ,student purchase of website access
> accompanying the text is not optional but mandatory, much like a lab
> fee.
>
> If the student doesn't access the website homework assignments, she
> can't pass the course or in many cases, take the tests.
>
> For most  classes a defined percentage of the final grade is
> determined by  website participation. Sometimes the course is marked
> as "hybrid" at the bookstore or on the course description. Sometimes
> not. Some classes are now noting such content is 50% of the course,
> and may  reduce classroom contact hours because of the website
> experience.
>
> Students are  being told if you don't have  website access (usually
> registration rights that come with an "access card)" then you can't
> pass the course. Publishers can provide deep discounts if the purchase
> of textbook and/or website access are "mandatory" i.e. guaranteed.
>
> The University of Minnesota bookstore instituted a program that simply
> billed  a student if they signed up for a course using McGraw Hill
> content that has such enhanced content. No choice.
>
> For my take on this you might want to see my editorial in Online
> Searcher magazine
> http://www.infotoday.com/OnlineSearcher/Articles/Searchers-Voice/Coerc
> ion-96759.shtml
>
> Librarians with expertise in negotiating with publishers for econtent
> and licenses (there is normally for both faculty and students, a EULA
> required to sign on) need to be in the discussions on every college
> campus surrounding such arrangements.
>
> Content created by both faculty and students on the website usually
> becomes the publisher's property to do with as they see fit.
>
> Chuck