Liability for transmitting viruses

[Joe Schallan]

Hello listers,

This is off-topic, but I beg the indulgence of the list because
I believe web4lib subscribers would nonetheless be
excellent sources of advice pertaining to my question.

We have attempted to avoid purchasing books that come
packaged with 3.5-inch microfloppy diskettes.  Why?
Because the diskettes can be damaged, can be tampered
with (viruses put on them), and can be easily lost or stolen.

Some libraries have addressed these problems by
separating the diskettes from the books, sometimes cataloging
them separately and usually barcoding them separately,
and maintaining them in a separate file, usually at the
Reference Desk.  Some libraries dedicate staff to
checking the integrity and health of diskettes returned
from checkout.

This is absolutely not an option at our library, since we
do not feel we have the resources to support a separate
process for handling diskettes in this manner.

But it is getting much harder to avoid books, especially
computer books, that contain diskettes.  We are looking
at two options:  removing the diskette and attaching a
notice as to why it is unavailable, or going ahead and
circulating the book with the diskette, with a notification
attached to the book that says that the library cannot
guarantee the integrity of the diskette, that the patron
uses the diskette at his or her own risk, that urges the
patron to use virus-checking software with the diskette,
and that disclaims any liability for any direct, indirect,
or consequential damages arising from the use of
the diskette.

I favor the latter, because I feel the patrons might as
well have use of the diskette for as long as it lasts.

My manager wonders if my proposed disclaimer is
indeed sufficient to get us "off the hook."

Since this is not directly web-related, replies should
be sent to me, not to the list.

Thanks.

Joe
jschall at glenpub.lib.az.us

============================
Joe Schallan, MLS
Reference Librarian/Web Page Editor
Glendale (Arizona) Public Library
jschall at glenpub.lib.az.us
============================