From: "Hamaker, Charles" <[log in to unmask]> Date: Fri, 1 Jun 2012 03:15:21 +0000 NDAs are also used to hide terms in licenses that severly limit fair use of library materials. Stanley Wilder discusses some attempts to roll back fair use in license agreements in an article in the Charleston Advisor: http://www.ingentaconnect.com/content/charleston/chadv/2011/00000012/00000004/art00017 "The Erosion of Fair Use Protections for Digital Scholarship " In the article he calls for institutions to publicly share examples of the egregious restrictions placed on permissible use. Libraries signing NDAs can't easily share attempts by publishers to take away fair use provisions. See Wilder's article for egregious examples of publisher practices that originally were proposed behind NDA walls. NDAs are not kabuki theatre, but a real threat to legitimate use of scholarly information. Chuck Hamaker