Message 1----------

Date:         Wed, 16 Oct 1996 10:29:44 -0400
From: "Cornelia A. Kelley" <cak@POE.ACC.VIRGINIA.EDU>
Subject:      Re: Shrinkwrap Licenses with CD-ROMs (Marcia Tuttle)

At the University of Virginia, the University's Legal Counsel has
issued the opinion the these [shrink wrap] "licenses" have no force
in law.  In any case, the Library is filing copies of them for future
reference under the name of the publisher/producer and the originals
are being kept with the products.

Good luck with yours.

Connie

****************************************************************
* Cornelia A. Kelley, Contracts Manager/Acquisitions Librarian *
*       University of Virginia Library - Alderman Library      *
*              Charlottesville, Virginia 22903-2498            *
*        804/924-4988                   cak@virginia.edu       *
****************************************************************

On Oct 16,  9:12, "Tuttle, Marcia" wrote:

> Subject: Shrinkwrap Licenses with CD-ROMs (Marcia Tuttle)
> 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

Message 2----------

Date:         Wed, 16 Oct 1996 08:46:04 -0700
From: Donna Packer <d3737@HENSON.CC.WWU.EDU>
Subject:      Re: Shrinkwrap Licenses with CD-ROMs (Marcia Tuttle)

I don't have anything to contribute on the shrink wrap licenses, except to
share the general frustration.  However, I am equally exasperated by the
many CD-ROM publishers who ask us to sign a very legally binding license
agreement, then change the terms or conditions, but never send an update
or addendum to the agreement.  As an example, just yesterday we asked one
well-know vendor, with whom we have several such agreements, to define
"remote user" for us.  There is, we were told, no written definition at
the moment.  However, this definition is critical to knowing whether we
are in compliance.  "Remote user", as we know, can mean anyone not in
your building to some vendors/database providers, and anyone not
physically on your campus OR anyone not connected with your institution,
etc.

If the publishers want these agreements, it seems to me they are
obligated to keep them up to date - not just send out press releases or
flyers with the next issue of the CD-ROM saying something new is or is
not allowed.

                                - Donna Packer
                                  Head of Access Services
                                  Western Washington University