[10649] in Public-Access_Computer_Systems_Forum
Re: ISP contracts
daemon@ATHENA.MIT.EDU (Joyce Latham)
Mon Sep 23 20:28:38 1996
Date: Mon, 23 Sep 1996 15:02:36 -0500 (CDT)
From: Joyce Latham <jlatham@interaccess.com>
To: Multiple recipients of list PACS-L <PACS-L@UHUPVM1.UH.EDU>
Reply-To: Public-Access Computer Systems Forum <PACS-L@UHUPVM1.UH.EDU>
----------------------------Original message----------------------------
Mr. Donelan has moved here-to-fore private discussion out onto the list, I
see.
Comparing OCLC with an ISP is stretching it, and, you are assuming CPL has a
FirstSearch agreement (based on the private exchange we were previously
engaged in -- but, since it's been publisized ...). OCLC is providing a
pre-packaged selection of specific resources; an ISP is not.
I think this is something libraries need to be aware of; providers requiring
uncapped indemnification with no clear parameters are perhaps developing a
practice that will eventually eliminate the non-commericial internet
provider -- currently most often a public library. This may be soemthing
that needs to be addressed with legislation, i.e., public conduits for
access cannot be held liable for actions as performed by non-agents of that
public conduit, i.e., the library cannot be held responsible for the actions
of the patron, when that patron is not acting as an agent of that library.
Any other thoughts?
Joyce Latham
Director of Library Automation
Chicago Public Library
>----------------------------Original message----------------------------
>Has your legal counsel reviewed your OCLC contract. OCLC's standard
>agreement includes a paragraph indeminfying and holding harmless OCLC.