Publisher restriction on linking?

["Jack Boeve" <JBoeve@xxxxxxxx>]

***[Submitted on behalf of Lori Northrup, Samford University Library.
Please submit replies directly to the list at
digital-copyright@xxxxxxxxxxxxxxx]***

A professor would like to provide persistent links to Harvard Business
School Publishing's content inside EBSCO's Business Source Premier.
Full-text content from HBSP inside the database has this note appended:

"Harvard Business Review and Harvard Business School Publishing content
on EBSCOhost is licensed for the individual use of authorized EBSCOhost
patrons at this institution and is not intended for use as assigned
course material. Harvard Business School Publishing is pleased to grant
permission to make this work available through "electronic reserves" or
other means of digital access or transmission to students enrolled in a
course. For rates and authorization regarding such course usage, contact
permissions@xxxxxxxxxxxxxxxx (Copyright applies to all Abstracts)"

This is my first encounter with a restriction on linking.  Does this
licensing agreement just side-step copyright law and guidelines?  Can
publishers really stop educational fair use in this way?  I'd be very
interested in outside reading on this topic, links to blogs, etc., and
your comments.

Thanks!

Lori A. Northrup
Reference Department Chair
Samford University Library, Rm. 225
800 Lakeshore Drive
Birmingham, AL  35229-7008
205.726.2079
205.726.2642 FAX
lanorthr@xxxxxxxxxxx