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Legal Commentary

: Prawfs

SSRN, WTF?

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Perhaps my title is a bit inflammatory but I'll leave it up there until we provoke some response from the powers that be at our friendly neighborhood SSRN headquarters.

Below, I'm sharing a lightly redacted thread from Cyberprof concerning SSRN's terms of use. (The redactions just go to the names: if the owners of these words wish to be identified, I'll happily add them.)

FYI - Apparently SSRN's terms of service now include a nonexclusive

license to edit and translate articles posted there, among other

assorted privileges. I wasn't notified of the change (which happened

last year) and I didn't find it today after a cursory examination of

SSRN's website.





Best,



XXX





-----Original Message-----

From: cyberprof-bounces@lists.stanford.edu

[mailto:cyberprof-bounces@lists.stanford.edu] 

Sent: Tuesday, October 19, 2010 3:55 PM

To: cyberprof@lists.stanford.edu

Cc: management@ssrn.com

Subject: [CyberProf] SSRN discretionary terms of us





 Thanks, XXX! The terms "edit" and "translate" are not acceptable to

me. The former, granting a right to edit, could effectuate a stealth

waiver of the moral right of integrity. I could tell horror stories

about editing done without giving authors the chance to check and veto

the edits. The latter, granting a right to translate -- well, there's an



old Italian proverb: Traduttore, traditore! Translator, traitor! I've my



doubts about being bound by terms I didn't see on submission. So when

did the SSRN slip these weasel words -- "edit" and "translate" -- into

the mix? XXX





On 10/19/2010 11:58 AM, cyberprof-request@lists.stanford.edu wrote:

> Subject:

> Re: [CyberProf] FW: SSRN Announces Forthcoming "Purchase Bound Hard

> Copy" option for Free PDF documents in SSRN eLibrary

> From:

> "XXX"

> Date:

> Tue, 19 Oct 2010 14:58:10 -0400

>

> To:<cyberprof@lists.stanford.edu>

>

>

> An enterprising member of my faculty just found this. It seems we've

> been had. Perhaps I will now take all my content down; it's available

> on my own site anyway and this pisses me off. - XXX

>

> But check out the Terms of Use, last updated 5/20/2009, with a link

> from the authors page. Not limited to electronic reproduction:

>

> License to SSEP

>

> Users grant SSEP a limited, non-exclusive, worldwide, royalty free,

> revocable license to all contributed content to perform the Services.

> By posting or contributing content using these Services, you are

> granting SSEP a non-exclusive, royalty-free, perpetual, and worldwide

> license to use your content in connection with the operation of the

> Services, including, without limitation, the license rights to copy,

> distribute, transmit, publicly display, publicly perform, reproduce,

> edit, translate and reformat your digital and non-digital content,

> and/or to incorporate it into a collective work.

>

> . . . .

>

> Modifications

>

> SSEP reserves the right to change, at any time, at our sole

> discretion, the Terms under which these Services are offered. You are

> responsible for regularly reviewing these Terms. Your continued use of



> the Services constitutes your agreement to all such Terms.

 

Full post as published by Prawfs on October 19, 2010 (boomark / email).

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