Christine, I was asking myself the exact same thing so I did a little digging. Though I am certainly no lawyer (take this with several grains of salt) there appears to be some strong, potentially related case law where online published terms of service have been enforced (however, not necessarily in a First Sale Doctrine context) (see: http://www.brookspierce.com/news-publications-42.html). These laws appear to vary somewhat by state, and state and federal courts have occasionally ruled against the seller, so you are right to ask Chris. The legal wording, notice, and mechanism for agreeing to terms appears to have been a consideration in these decisions.
Accordingly, I agree with consensus that demands for higher payment post-purchase may not be legally enforceable when a home viewing copy is purchased from a major online retailer like Amazon (depending on stated notice at the point of purchase). When it comes to some of the smaller distributor sites, as noted, legal enforceability gets fairly nuanced, but may lean towards seller enforceability. Scott Spicer Media Outreach and Learning Spaces Librarian University of Minnesota Libraries - Twin Cities 341 Walter Library spic0...@umn.edu 612.626.0629 Media Services: lib.umn.edu/media SMART Learning Commons: smart.umn.edu On Mon, Jan 3, 2011 at 11:17 AM, Jessica Rosner <jessicapros...@gmail.com>wrote: > Chris indicated that the information was in fact clearly stated on the web > site which would make it an implied contract with email follow up. > > There have been other cases noted here, especially involving listings on > Amazon in which a buyer is blindsided after the sale, in which case I would > agree with you. > > > On Mon, Jan 3, 2011 at 12:12 PM, CROWLEY, CHRISTINE > <ccrowl...@alamo.edu>wrote: > >> Yes, but if it is a contract, per se, shouldn't the vendor have allowed >> the buyer to agree or not agree BEFORE taking the money?? At the very >> least, it is unfair to state the rules AFTER the game has begun. >> >> Christine Crowley >> Dean of Learning Resources >> Adjunct Faculty, Theatre >> Northwest Vista College >> 3535 N. Ellison Dr. >> San Antonio, TX 78251 >> 210.486.4572 voice >> 210.486.4504 fax >> >> >> "We will either find a way, or make one."--Hannibal >> >> >> -----Original Message----- >> From: videolib-boun...@lists.berkeley.edu >> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of >> ghand...@library.berkeley.edu >> Sent: Monday, January 03, 2011 10:58 AM >> To: videolib@lists.berkeley.edu >> Subject: Re: [Videolib] Here we go again... >> >> Hey Chris and happy new year >> >> Sounds like a contractual issue, not necessarily a PPR issue. What they >> seem to be saying is that the higher price is the institutional price, >> period. Don't think there's much to fight. >> >> gary handman >> >> >> >> > Happy New Year all! >> > >> > I recent purchased a "home" movie from a vendor via paypal knowing >> that >> > we would likely not ever need PPR rights. I received a confirmation >> of >> > payment which included this statement: >> > >> > "Your Personal Use DVD has been shipped. Please note, the DVD is for >> > home use only. It is not an institutional version and cannot be part >> of >> > the University of Connecticut Library, nor can it be used in any >> > classroom setting, or in a public screening. You can purchase a copy >> of >> > the film with the legal rights for institutional use by ordering it >> > through our website for $300.00 plus $10 for shipping and handling." >> > >> > Should I attempt to fight this or pay for PPR--or just let sleeping >> dogs >> > lie and not say/do anything? >> > >> > Chris McN >> > __________________________________________________ >> > Chris McNevins | ACQUISITIONS COORDINATOR >> > UNIVERSITY OF CONNECTICUT | HOMER BABBIDGE LIBRARY >> > 369 Fairfield Way Unit 2005AM | Storrs, CT 06269-2005 USA >> > PH: 860-486-3842 | FX: 860-486-6493 | EMAIL: chris.mcnev...@uconn.edu >> > >> > Your feet will bring you where your heart is -- Irish proverb >> > >> > In wine there is wisdom, in Scotch there is strength, in beer there is >> > freedom, >> > and in water there is bacteria -- Attributed to David Auerbach >> > ___________________________________________________ >> > >> > >> > VIDEOLIB is intended to encourage the broad and lively discussion of >> > issues relating to the selection, evaluation, >> acquisition,bibliographic >> > control, preservation, and use of current and evolving video formats >> in >> > libraries and related institutions. It is hoped that the list will >> serve >> > as an effective working tool for video librarians, as well as a >> channel of >> > communication between libraries,educational institutions, and video >> > producers and distributors. >> > >> >> >> Gary Handman >> Director >> Media Resources Center >> Moffitt Library >> UC Berkeley >> >> 510-643-8566 >> ghand...@library.berkeley.edu >> http://www.lib.berkeley.edu/MRC >> >> "I have always preferred the reflection of life to life itself." >> --Francois Truffaut >> >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve >> as an effective working tool for video librarians, as well as a channel >> of communication between libraries,educational institutions, and video >> producers and distributors. >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve as >> an effective working tool for video librarians, as well as a channel of >> communication between libraries,educational institutions, and video >> producers and distributors. >> > > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > jessicapros...@gmail.com > > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > > VIDEONEWS is an electronic clearinghouse for information about new > services, products, resources, and programs of interest to video librarians > and archivists, educators, and others involved in the selection, > acquisition, programming, and preservation of video materials in non-profit > settings. The list is open to all interest individuals and list submissions > are unmediated. However the list owner reserves the right to revoke > subscriptions to the list in cases where the intent of the list is routinely > violated or where general listserv etiquette and protocol are infringed. > > <http://smart.umn.edu>
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
