In the straw poll, Steve Dietz DISAGREED and stated "I know this was a big topic if CONFU, etc., but not sure why a license term should be expanded gratis".

Personally, I agree, but we heard frequently from universities the plea that their budgetary sitations occasionally are arbitrary and that some allowance should be made (in the interests of bretheren educators) for works previously available under license. We included the terms in this license draft to see what you thought about that...

I don't think the issue has anything to do with CONFU however. We are licensing uses here which go far beyond fair use under any definition of that concept.

This is purely what it looks like - a concession on the part of museums to the unwillingness of the universities to fully accept the concequences of their budgetary decisions. On the other hand, it is a good will gesture towards students, and towards education. It makes the license more palatable to universities. I should note that the fee structure is such that universities cannot use this to reduce long term costs since renewal during or immediately following this term requires that they pay catch up fees.

David