[944] in Public-Access_Computer_Systems_Forum
License vs. Copyright
daemon@ATHENA.MIT.EDU (Public-Access Computer Systems For)
Fri Aug 7 09:40:37 1992
Date: Fri, 7 Aug 1992 08:35:39 CDT
Reply-To: Public-Access Computer Systems Forum <PACS-L%UHUPVM1.BITNET@ricevm1.rice.edu>
From: Public-Access Computer Systems Forum <LIBPACS%UHUPVM1.BITNET@ricevm1.rice.edu>
To: Multiple recipients of list PACS-L <PACS-L%UHUPVM1.BITNET@ricevm1.rice.edu>
2 Messages, 68 Lines
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From: cjg@stubbs.ucop.edu (Czeslaw Jan Grycz, University of California)
Subject: Re: DeLorme's Street Atlas
One of the negative byproducts of the unenforceability of existing
copyright law within the electronic network is that publishers have opted
to avoid reliance on the law by writing, instead, contracts with their
clients. Once contract law takes the place of copyright law, as in the
case of licensing agreements, there seems to me to be no "purchase"
involved, simply the agreement of both parties to abide by the contract
they both freely entered into.
Chet
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From: MJENSEN@charlie.usd.edu
Subject: DeLorme's Stree Atlas
>A licensing agreement that states that the information cannot be shown to
>anyone outside of the employees of the business or "publically displaying"
>the infromation is intimidating. However, just because a publisher says
>that the information can be used only in this one way, does not make that
>either enforceable or legally correct. Once it is purchased, the publisher
Agreed, just because the publisher says it does not make it correct.
>cannot limit the audience. They certainly cannot limit the audience based
>on race, gender, etc.
However, it is not true that the publisher cannot limit the audience.
When the publisher sells the book, he does not sell the copyright which
includes rights of display and others in addition to rights of copying.
Some limitations that the copyright holder places on uses are valid.
Others such as the ability to control resale price are not valid. Which
limitations are valid and which are not depends up complex considerations
of liminations in the copyright law such as the first sale doctrine and
preemption. Some limitations can be modified by contract (see section
108); others cannot be because of preemption.
> Libraries should either ifXX ignore or provaXXX provoke a test case on
>publishers of this knowledge/information. Publishers that do not sell
Ignoring provisions or provoking a test case can both be quite dangerous.
I would advise against either until you have consulted a knowledgeable
intellectual property attorney (not just a general attorney) and have
weighed the consequences and are taking the risk knowingly.
>to libraries are willing to lose business- good for them. Let then go broke,
sin
>ce I am not in favor of supporting publishers who discriminate
>against libraries, either by trying to control them post-sales, or with
>two-tiered pricing.
I'm not in favor of such publishers either, but a far safer course is
to refuse to buy products with unaceeptable terms and to make sure the
publisher knows why you didn't buy. Encouraging others not to buy or
even associations to boycott certain products is also probably a good
idea, but ignoring contract terms when you are not sure of the
consequences is folly.
>Lee Haddenn
Mary Brandt Jensen University of South Dakota
Director of the Law Library School of Law
Associate Professor of Law 414 E. Clark St.
MJENSEN@CHARLIE.USD.EDU Vermillion, SD 57069-2390
(605) 677 6363 Fax (605) 677 5417
