Isn't this similar to the 'right of way' laws which preclude property owners from putting up a fence across a long-used public path through private property.
It would seem that a long term absence of any active attempt to restrict authors from sharing their publications for non-commercial personal use by others ... constitutes an easement granted by publishers ...
Dana L. Roth
Millikan Library / Caltech 1-32
1200 E. California Blvd. Pasadena, CA 91125
626-395-6423 fax 626-792-7540
dzrlib_at_library.caltech.edu
http://library.caltech.edu/collections/chemistry.htm
Received on Sun Aug 02 2009 - 10:14:48 BST