I don't know any more about this lawsuit but here is more info re Harvard's
tight grip on its intellectual property.
We used to get full text of Harvard Business Review (HBR) online via Business
Source Premier (EBSCO Host).
HBR has recently renegotiated the license agreement with EBSCO such that 500 of
the most popular articles can only be read online.
They cannot be downloaded, printed, or even linked to. For ~$40,000 more we can
retain full access to those articles.
The list of articles changes as new articles prove to be popular.
I'd like to kick EBSCO where it hurts, in the pocketbook, and tell them to take
their product elsewhere for negotiating such a license but I'm not in charge.
Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut Libraries
369 Fairfield Road, Unit 1005RR
Storrs, CT 06269-1005
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly
Sent: Tuesday, August 20, 2013 9:19 PM
Subject: [Videolib] NOT videoŠ but new copyright case with Harvard School of
Some of the most tightly controlled print material in academic libraries....
Should be interesting.
deg farrelly, Media Librarian
Arizona State University Libraries
Hayden Library C1H1
P.O. Box 871006
Tempe, Arizona 85287-1006
To market, to market, to find some fresh film...
I'm attending the 2013 National Media Market, November 3-7
In Charleston, South Carolina. See you there?
From: David Hansen <dhan...@law.berkeley.edu<mailto:dhan...@law.berkeley.edu>>
Date: Tue, 20 Aug 2013 08:47:23 -0400
I thought some of you might be interested in this lawsuit. I haven't
seen it on the blogs anywhere yet -
The gravamen on the complaint is that ISCE library has made
unauthorized copies of the full text of plaintiff's works and has
displayed/distributed them to ISCE members, who pay a fee for access
(though it is dubbed a "membership fee" by ISCE) . In both the
Plaintiffs' complaint and the Defendants' answer, it sounds as if
there are some important access limitations: 1) the complaint
acknowledges that only one person may access a work at a time, 2) in
Defendants' answer, they claim that the full text can only be "checked
out" for two hours at a time, and 3) the answer also claims that only
two pages can be browsed at a time.
This statement, I think, sums up what ISCE is trying to do "The ISCE
Library is the closest possible digital analogue to a traditional
specialized research library - providing temporary and controlled
access one borrower at a time to lawfully-purchased copies of works
maintained at the library's leased physical premises at AWS - and with
a unique digital reference librarian." (Answer at para 15).
The case raises a number of significant issues about the applicability
of library privileges (Sec. 108), fair use (Sec. 107), first sale
(Sec. 109)., 110 (non-profit educational displays), and Sec. 117
(designed to facilitate necessary copying for computer programs). All
are raised in the complaint or answer.
Case citation and copies of the complaint and answer/counterclaims below:
Harvard Business School Publishing Corp., John Wiley & Sons, Inc.,
and Univ. of Chicago v. Institute for the Study of Coherence and
Emergence, Inc., et al., Case No. 13-cv-11450(GAO), (D. Mass., June
Does anyone know more about this?
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