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Re: confusion over License language Donald Taylor (28 Oct 2008 19:57 UTC)

Re: confusion over License language Donald Taylor 28 Oct 2008 19:57 UTC

Jenny's licensing language quote was:
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."
The language makes it quite clear that it is referring to non-subscribers. Systematic downloading of articles by spiders and/or bots is almost always done by authorized users at an institution. Ergo I'd go with the original interpretation that the clause refers to ILL.
Bye for,
Don Taylor

Document Delivery Services
Simon Fraser University Library

----- Original Message -----
From: "Liping Song" <lsong+@PITT.EDU>
To: SERIALST@LIST.UVM.EDU
Sent: Tuesday, 28 October, 2008 11:31:39 GMT -08:00 US/Canada Pacific
Subject: Re: [SERIALST] confusion over License language

I second Katy. I think that's what "systematic" means in this context.

Liping

------------------------------------------------------------
Liping Song, MA, MTS, MLIS
Electronic Resources Cataloging and Access Librarian
Health Sciences Library System
University of Pittsburgh
Pittsburgh, PA 15261
412-648-3401
lsong@pitt.edu

Ginanni, Katy wrote:
> Ever since I saw the word "systematic" in Jenny's question, I've been thinking that it somehow referred to those improper uses where someone attempts to download hundreds of articles at a time, with help from a robot...
>
> Katy G.
>
>
>
> Katy Ginanni
> E-Access and Serials Librarian
> Coates Library, Trinity University
> San Antonio, TX 78212-7200
> 210-999-7613 ph.
> 210-999-8182 fax
> katy.ginanni@trinity.edu
> "The time is always right to do what is right." -- MLK, Jr.
>  Please consider the environment before printing this e-mail.
>
> -----Original Message-----
> From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu] On Behalf Of Kristen Fredericksen
> Sent: Tuesday, October 28, 2008 9:10 AM
> To: SERIALST@LIST.UVM.EDU
> Subject: Re: [SERIALST] confusion over License language
>
> I was taught that "systematic" means "regular." So systematic copying
> would be like sending another library articles from every single issue.
> Obviously, ILL would be more sporadic. I think the second phrase allows
> for temporary creation of a file for ILL. For instance, you print out
> the article, then scan it into Ariel, and send it to another library. It
> seems that e-reserves are prohibited.
>
> That's just my $.02. Does anyone disagree with my interpretation?
>
> Thanks,
> Kristen
>
>
>
> Jenny Lockwood wrote:
>
>> Greetings,
>> 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
>>
>>
>
>