Galadriel C.
Hi Folks! Kevin Smith notes in his December 20 column - "Is the CCC having an 'Instagram' moment?" -( the click through license agreement appearing for each CCC transaction is problematic especially for state/public institutions.
Specifically per Smith: "Institutions indemnify CCC and agree to defend them against claims arising from any use outside the scope of the license. Institutions agree to the application of New York law and the jurisdiction of New York courts. Most distressing, each institution that uses the CCC agrees that that organization, which has been active in financing the legal case against Georgia State University, has the right to access and audit university records, which is not only a possible violation of our obligations under FERPA, but also seems like giving a potential adversary free pre-litigation discovery rights." - Galadriel C.
I've posted to a couple of listservs, but I am curious to hear the LSW take -- how has your institution addressed this problem? - Galadriel C.
a few thonks here: - RepoRat
Thank you! I thought I had seen something around these parts, but hadn't found it. - Galadriel C.