confusion over License language Jenny Lockwood 24 Oct 2008 20:03 UTC

I find many of our licenses have the following standard phrases:
1."the systematic making of print or electronic copies of Online Content
for transmission to non-subscribers or non-subscribing institutions
(such as inter-library loans) is prohibited."
2. "Downloading portions of Online Content for the purpose of creating
pre-loaded, systematic and persistent local copies (not including
transient, dynamic caches of individually requested material) for
redistribution is prohibited."

1.Does anyone have a clear insight into whether ILL or Electronic
Reserves are allowed under these restrictions?  If one is to interpret
that ILL is prohibited--why is the qualifier, systematic, included? This
phrase is included in licenses that reference fair use and those that don't.
2. Would Electronic Reserves be allowed or do you think the second
statement does not address this type of cache.
Thanks in advance for any enlightenment offered...


Jenny Lockwood
New Mexico State University Library
Acquisitions/Electronic Resources
PO Box 30006, Dept. 3475
Las Cruces, New Mexico 88003
Phone: 575-646-3104 Fax: 575-646-7477