Concerns (Continued)
ßElimination of “first sale”
ßUCITA allows software vendors to prohibit even the transfer of software from one company to another (or from one user to another).
ß
ßUCITA binds purchasers to terms disclosed only after payment is made.
ß
Another issue of importance to librarians is that the license can restrict lending of the items.  Because information products are generally licensed and leased from vendors, rather than purchased and owned by libraries, copyright law’s first sale doctrine does not apply.  This means that libraries can no longer assume that they can legally loan software or cd-roms to library users.  License provisions could eliminate the right of libraries to lend products, donate library materials, or to resell unwanted materials in the annual library book sale.

Suppose, for example, that you had purchased a copy of Bill Gates’ book The Road Ahead which comes with a CD-ROM.  If you lend a patron the book with the CD-ROM, you may have just violated the terms of your licensing agreement.  Lending the CD on interlibrary loan may also be a violation.
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