From: Peggy E Hoon <[log in to unmask]>
Date: Fri, 15 Jun 2018 14:40:27 +0000

I’m sorry, Sandy, I’m not following you.  The behavior you reference, in
addition to not being allowed within any terms and conditions I have seen,
would also be a violation of our Computer Use policy.  Again, I cannot
‘promise’ or ‘ensure’ - ahead of time, that any individual *will not* do
that but I can, and certainly would strongly discourage it as a license
violation and respond immediately should we become aware of it.  I am not
aware of anyone at LSU doing this but, I can assure you, that both the LSU
Libraries and LSU IT Security would jump on that behavior, not only for the
reasons I have said above, but also it poses a potential security breach
into the LSU systems.

If I have missed your point, my apologies.  We pay millions and millions of
dollars a year to subscribe to our licensed resources and we/I have pretty
strong feelings about that being misused as you have described and
jeopardizing access for the rest of our Authorized Users.

Please let me know, either on list or off, if I have misunderstood your
comment and/or how I might provide any further clarification.

Best,
Peggy


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