I agree with Phoebe that in general no university will be able to do
that. Let me add some details, since licensing these materials has for
years been my professional specialty--ever since first such electronic
journals have been available. .
The normal licensing arrangement with a university for most publisher
is that permission is granted for use of the material for any actual
current member of the university, and, often, for anyone with
permission to use the university library who is actually present in
the library. This is typically enforced by a combination of i.p.
-based access fir the university's domain, supplemented with access
through a proxy server for those physically outside the domain--the
access to the proxy server is normally controlled by the university
identification system.
The contract is usually quite specific about who will count as a
member of the university--normally current full or part time students,
staff, and faculty. The university undertakes to enforce access via
the server appropriately, and all universities take this quite
seriously. It is also usually possible to obtain a certain number of
individual passwords for designated individuals, with the university
guaranteeing their proper distribution, as a means of bypassing the
proxy server. Neither the publishers nor the universities usually like
this, because of the nuisance of administration.
Some publishers insist on further restrictions--typically not
permitting what is called walk-in access to those who may have access
to the library, but are not university members. some universities also
for reasons of their own prefer not to give such people access even
when the publisher permits it.
Additional restrictions are sometimes present, especially for the most
expensive material, such as patent of chemical databases: a limit to
the number of simultaneous users, an absolute restriction to campus
use only, a further absolute restriction to use within the library
building only, or even a restriction of the use at a limited number of
designated workstations, or even a single workstation. Typically, the
cheaper the material ,the more flexible the arrangements.
Payment is normally based upon one of three mechanisms: 1/ total head
count numbers of students plus faculty on a per-person basis, 2/ bands
of large/medium/small university size-- generally also taking into
consideration whether it is a research university likely to make
extensive use, or just an undergraduate college, and 3/ sometimes for
the less expensive titles, a flat rate per journal.
I cannot imagine that most publishers will be willing to permit
off-campus access from members of the public, even were the university
willing to pay for it at an increased price. I won't say it is
absolutely impossible, but I have negotiated many contracts and never
even attempted such a provision.
Similarly, I cannot imagine a reputable university prepared to try to
cheat or equivocate on such provisions. I would certainly have refused
to assist any such request. although there is a certain degree of
adversary relationship with publishers as in any situation involving
vendors and purchasers, there is also reliance upon good fait of the
parties involved. The contracts usually require the university to
assist in the investigation of breeches of the contract (these
attempts are not uncommon--people will try to download extremely large
bodies of material, sometimes for personal use, sometimes for the
purpose of small or even large scale illicit redistribution) -- and
the universities cooperate. (The contracts usually provide for
cancellation of service if they do not so cooperate, but such
cooperation is also seen as reasonable. There have been a few very
large scale breeches over the years. We do not talk much about the
details.) There is a difference between resenting the profits of
commercial publishers, and being willing to steal their property.
WPedians with their emphasis on copyright observance should well
understand this. .
Public libraries are typically changed for remote access per head
count of the population served, at a reduced rate from that for
universities, assuming a much less intensive use. Control is usually
through a proxy server with access through the library card
identification number. The most expensive materials will not be
licensed on this basis to public libraries, but only for library use
only, and normally at a defined number of terminals or for a single
simultaneous user at at time .
The only practical route will be a declared arrangement, either
donated or paid for, for a limited number os users and a limited
amount of material. This is not impossible, especially if the WMF is
willing to operate the necessary proxy server and control the access
to it. If the foundation proposes to try, I know the people to speak
to, and will serve as a contact. But i certainly will do so only
openly and in a commercially respectable manner. the only way of doing
this inexpensively will be as a donation, and the only way of asking
for a donation will be to make our sense of responsibility and our
willingness to observe limits absolutely clear.
There is an alternate pathway. WPedians should find out what databases
their local public library already subscribes to,and use them. They
should then urge their public libraries to subscribe to what they
need. The subscription rates for public libraries for limited subsets
of JSTOR are not very high, but few public libraries subscribe, as
they do not see a demand. Any library would rather spend its money on
what its patrons will actually use, and ask for.
On Wed, Jan 14, 2009 at 1:27 AM, phoebe ayers <phoebe.wiki(a)gmail.com> wrote:
On Tue, Dec 23, 2008 at 12:13 PM, Nathan
<nawrich(a)gmail.com> wrote:
On Tue, Dec 23, 2008 at 3:02 PM, Gregory Maxwell
<gmaxwell(a)gmail.com> wrote:
So what happens when our editors start using
their access to copy
public domain works hijacked by JSTOR into Wikisource when the
contract Wikimedia has with JSTOR forbids that activity? Will
Wikimedia tell its contributors that they can't copy these
indisputably public domain works into Wikisource?
Would such a restriction really be a major disaster? Limited access to
content for which we previously had no access? Sometimes achieving a worthy
goal requires a compromise, and in this case it doesn't strike me as an
unnacceptable compromise (even granting full credit to your description of
the status of things, which I imagine probably has some ambiguity you are
leaving out).
Why does it seem that no one in this thread is bothering to even
consider attaching to pre-existing university library access? Must we
always reinvent the wheel?
That is an interesting possibility - is that achievable? Would interpreting
an existing set of agreements between publishers and a university as
authorizing that institution to grant access to Wikimedia editors be
something that any major university is willing to do?
Something that DGG can perhaps comment on.
Nathan
Hi all,
Speaking as (the other?) professional librarian on the list --
I doubt very much that this would happen, since a) most libraries can
barely afford the subscriptions they have to databases and journals;
and b) the cost of those subscriptions is almost always based on the
number of people served -- usually the number of faculty and students
on the campus. Limiting the use of these databases to the campus
population is taken very seriously, and usually done by IP access,
authenticated through a proxy server by whatever login system the
campus uses.
I can't envision a way that we could restrict access to the
databases/journals that WMF could hypothetically subscribe to, to any
reasonable population, when anyone can sign up for a Wikimedia
account.
-- phoebe
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