Friends, these things are about to drive me crazy!

I'm talking about the terms and conditions, usually in small print and
often hidden, that come with electronic products that are probably meant
for individual, not library, purchase.

They usually begin "By loading these data, you agree ..." (you name it, so
long as it's unacceptable or impossible in a library environment). There
is no room for negotiation, no place to sign, sometimes no address or
phone number for discussion of the terms.

The library world seems to be divided about our treatment of these
licenses. Some believe they are not enforceable and can be ignored; others
are convinced that by ignoring them and simply abiding by the US Copyright
Law we are opening ourselves up to possible legal action by the publisher.

I know that a probable change in the Universal Commercial Code may resolve
our questions and give shrinkwrap licenses legal validity, but what about
now? What are you doing in your library?

If this message sounds a little desperate, you read me well! This serials
librarian's job description could almost be changed to read: Spends 90% of
time dealing with license agreements for electronic products.

Knowing what other librarians do about shrinkwrap licenses would help me
tremendously. If you don't want to risk going public, you can reply to me
directly at tuttle@gibbs.oit.unc.edu, although I hope we can have an open
discussion of this matter.

I'll appreciate your information and advice!

Marcia Tuttle
University of North Carolina at Chapel Hill
tuttle@gibbs.oit.unc.edu
Voice: 919 962-8047
Fax: 919 962-4450