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Legal Commentary
: PrawfsSSRN, WTF?
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
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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