From: SANFORD G THATCHER <[log in to unmask]> Date: Thu, 14 Jun 2018 11:46:41 -0400 Behavior such as faculty members giving their access codes to Sci-Hub? :) On Thu, Jun 14, 2018 04:27 AM LIBLICENSE <[log in to unmask]> wrote: >From: Peggy E Hoon <[log in to unmask]> >Date: Wed, 13 Jun 2018 17:10:23 +0000 > >Completely agree with Cindy – in these licenses, you are the lending >library. As Cindy says, the CONTU Guidelines applied to borrowing >libraries since it was a way – deemed reasonable in 1978 based on the >environment, practices, journal price and market, library budgets, etc., in >existence in the mid-1970s – to interpret what might trigger the ‘need’, >under Section 108, to subscribe based on the amount of the journal you were >using. CONTU was trying to put numbers on what constituted a substitute >for a subscription in 1978, which, btw, was 40 years ago, is not the law, >was not intended as a hard and fast rule, and was supposed to evolve as the >environment evolved. As a lending library, you cannot possibly know or >monitor what a borrowing library is or is not doing with respect to either >Section 108 or its 1978 interpretation, aka CONTU. Putting that in a >license amounts to essentially throw-away language since a lending library >does not have the obligation, under the law or any guidelines, or the >ability to monitor or control what a borrowing library does. As Cindy and >others recommend, it really makes no sense to have it there because it >doesn’t do anything. > >An analogy would be when a license attempts to require the institution to >“warrant” or “ensure” or “promise” that its users (in our case, 35,000) >will/shall abide by the terms and conditions of the license. Really? So >far, neither I nor any of the Vendors I have asked point blank, have been >able to tell me one single thing the institution can do to prospectively >control the behavior of my 35,000 users. Nada. I can use reasonable >measure to control access, to inform them of T&Cs and to respond to >perceived situations but I cannot promise or warrant their behavior. So, >don’t do it. > >Best, >Peggy > >*Peggy E. Hoon, J.D.* > >Director of Copyright Policy and Education >LSU Libraries >Louisiana State University >295 Middleton Library, Baton Rouge, LA 70803 >office 225-578-2218 | fax 225-578-6825 >lsu.edu <http://www.lsu.edu/> > >From: "KRISTOF, CYNTHIA" <[log in to unmask]> >Date: Sun, 10 Jun 2018 22:20:58 +0000 > >Because CONTU is a set of guidelines with activities (such as tracking) >that concern the borrowing library. The lending library has a couple duties >in CONTU, too, but the weight is largely on the borrowing library. As you >know ILL sections of licences concern what libraries can do as lenders. >However, we can't control what the borrowing libraries do regarding CONTU >tracking... therefore, it's largely absurd to agree to it in a license and >potentially trouble. I know the potential trouble part is probably a long >shot. I just got done vacuuming, so I'm kind of wiped out, and this >probably isn't the best explanation! > >Maybe others can add to this? I hope this helps. > >------------------------------ > >From: Rachel Becker <[log in to unmask]> >Date: Sat, 9 Jun 2018 15:16:32 +0000 > >Hi Cindy, > >Can you expand on why you recommend not including CONTU guidelines in >licenses? > >Thank you! > >Rachel Becker >Electronic Resources Management Librarian >University of Wisconsin – Madison