RE: Ejournals and ILL

I know that this is a specialised list, and a specialised
topic, and all
will know the background, but I cant help wondering what an
'average' UK or
US jury would make of the information presented:

The supplier delivers a chargeable service to the user -
access 
to electronic articles - but imposes a condition that the
user 
must take the electronic version, turn it back into paper,
then 
turn it back into an electronic version in order to
accomplish 
use. (And environmentally conscious or what?)

I think the jury might ponder one of 2 conclusions:
1. The supplier must be in a monopoly position in order to
impose such an
unreasonable condition, which no jury would uphold or,
2. The supplier and the user should be encouraged to go into
a quiet room
and conclude that some other use or benefit should be
provided in return for
abolition of this 'use'.

If ILL has any future, someone needs to present a vision and
implementation
free of such contorted and arcane approaches.

Simon Dessain
AIM sjfdessain


-----Original Message-----
From: owner-liblicense-llists.yale.edu
On Behalf Of Menefee, Daviess
Sent: 29 February 2008 3:40 am
To: liblicense-llists.yale.edu
Subject: Ejournals and ILL

Recently there have been several questions posted to this 
listserv regarding Interlibrary Loan permitted use by
publishers. 
One of the examples in the original message comes from a
slightly 
outdated version of the Elsevier agreement.  ("The
Subscriber may 
print and deliver Excerpts to fulfill requests as part of
the 
practice commonly known as 'interlibrary loan' from 
non-commercial libraries located within the same country as
the 
Subscriber.").

Let me try to answer the question that was raised as to what
is 
permitted.

A print copy can be made from the electronic (or print)
version 
of a journal article or book chapter and then that copy can
be 
mailed, faxed or scanned into Ariel (or a similar system) as

means of delivery to the borrowing library.  What is not 
permitted is to download the electronic version and send it

without printing.  Policy information can be found at:

http://www.elsevier.com/wps/find/librari
ansinfo.librarians/libr_policies

Daviess Menefee
Library Relations
Elsevier