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