From: "Hamaker, Charles" <[log in to unmask]> Date: Sun, 23 Nov 2014 23:42:20 +0000 It seems to me perpetual access is a meaningless phrase without a guarantor or some type of insurance or assurance beyond the immediate contracting parties. For instance, what organizations have as their main purpose guaranteeing perpetual access? Can they be contracted with by the original signers to offer continuance if the publsher or aggrgator goes out of business? Any publicly held or privately held company or business can go out of business. I would suggest a library absent direct control of the digital files they have "purchased" hasn't really purchased anything for the long term unless the parties have designated a survival contingency of some sort. Several models come to mind but in current configurations are limited. They would have to have some sort of standing in order to intervene. Otherwise as in the present case libraries are dependent on the kidness of other entities. I think we need significant change in how libraries approach how they assure continuation of access in a black swan event. The concept of business continuity planning in the case of eResources is often ignored in such purchases. In fact, the majority of e resource purchases bound by contracts, no matter what language is used to describe the transactions, are imo defacto leases. Breach definitions are commonly such that the provider may in certain situations act unilaterally. Black swan events push library claims to the bottom of the considerations. This is not a criticism of PORTICO or CLOCKSS or any other organization dedicated to preservation or of any company in the business of providing content to libraries. But to be able to intercede in any perpetual access contract that has failed, you have to have standing. Clarity in continuation contingencies is needed if libraries are to play a role in maintaining our common cultural heritage. Outsourcing as a wish or hope is not enough. Chuck -------- Original message -------- From: Ann Shumelda Okerson <[log in to unmask]> Date: Fri, 21 Nov 2014 09:13:55 -0500 John, I don't know about a "legal definition." In a contract, perpetual access would be however the two parties have defined it between themselves. The Liblicense vocabulary section offers this definition of perpetual license (written by our lawyer at that time, but that doesn't make it "legal"): "Perpetual License: The continuing right to access digital information after the termination of a license agreement. Also, a license with no termination." Cheers, Ann Okerson On Wed, Nov 19, 2014 at 8:27 PM, LIBLICENSE <[log in to unmask]> wrote: > From: "Wagstaff, D John" <[log in to unmask]> > Date: Wed, 19 Nov 2014 01:07:33 +0000 > > Hello everyone: > I'm new to this list, so please excuse a simple question: is there a > legal definition of "perpetual access" that might provide useful > guidance in cases like this regarding what we should/should not expect > when a content provider goes into bankruptcy or cannot continue to > fulfill contract terms for other reasons? > > > John Wagstaff > Head, Music & Performing Arts Library > University of Illinois at Urbana-Champaign > School of Music > Urbana IL61801 > e-mail: [log in to unmask]