Here's the latest letter
dated April 25 from Access Copyright counsel to the Board. It follows
AUCC's abrupt withdrawal and apparent abandonment of dozens of universities
that are unhappy with what’s been happening at the Copyright Board.
This letter confirms that AC – with the apparent blessing,
no less, of AUCC – is willing to let those institutions that sign onto the
model agreement off the hook for further interrogatory burdens and a Board-ordered
survey that is bound to be truly invasive. However, for those that don’t want to sign it,
there is an explicit threat to impose further interrogatory pressure and an
undoubtedly very invasive survey. It’s ridiculous to refer to the “negotiation”
of a survey when there is nobody there to “negotiate” for the dissatisfied
universities. This is what will apparently unfold without opposition – unless opposition
coalesces quickly. It is difficult to
understand how AUCC could have let this come to happen in a manner that is not
simply a “surrender”,
as Techdirt calls it, but is actually very helpful to Access Copyright.
There may be options for stopping these
kind of pressure tactics, but this is not the forum for that discussion.
HPK