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Fwd: Re: Fwd: Help! Re: L'annee Philogique

Comment from our former university lawyer...


I don't know the answer. I was always told that as a state institution,
our university could sign no contract that subjected us to the
jurisdiction of any entity other than the State of Texas (excepting
federal law of course). Among university attorneys this was "black letter
law." I never actully looked up the provision. It is probably in the our
constitution, and heaven help the person who is looking for something
there. We modified a lot of contracts because of this requirement.  Let me
know if I can be of further assistance.  Charles Turner

Carolyn Kacena, Director                (903)886-5716
Gee Library                             (903)886-5723 (fax)
Texas A&M University-Commerce
P.O. Box 3011                           Carolyn_Kacena@tamu-commerce.edu
Commerce, TX  75429-3011


> >From: Kent Mulliner <mulliner@ohio.edu>
> >To: liblicense-l@lists.yale.edu
> >Subject: Help!  Re: L'annee Philogique
> >Date: Thu,  2 May 2002 17:40:06 EDT
> >
> >Since I've noticed nothing further on this on the list, I seek some help
> >with a request.  A colleague here is a contributor to L'annee and I'd
> >asked her assistance in trying to deal with the license issues. She has
> >now forwarded a message from her contact in France asking for a copy of
> >the statute the prevents us (as a state institution) from accepting the
> >jurisdiction of French laws and courts.  I've asked our legal office about
> >this, but--even if I could provide such for Ohio-- it would be necessary
> >for every other state.
> >
> >So this is to seek advice on some authoritative discussion of the
> >sovereignty and jurisdiction issues in licenses as affecting libraries.
> >I'd like to package Trish Davis and send her as the response, but perhaps
> >the rest of you have a less cumbersome and more acceptable approach. My
> >colleague does advise that the person from Paris trying to deal with this
> >issue is coming to the US in a week to get married.  My colleagues
> >impression is that he would like to clear up this issue before he comes.
> >So there is some urgency in this request.
> >
> >K. Mulliner       Collection Development Coordinator
> >Ohio University Libraries               Phone: 740-593-2707
> >Athens, OH 45701-2978, USA       FAX:    740-593-2708
> >mulliner@ohio.edu
> >
> >___
> >
> >>Bonnie, and others.  We've only begun this process, so I can't provide an
> >>outcome yet, but we have sent a message to the publisher indicating the
> >>areas (including removing the laws of France) where we would need
> >>adjustment to the license.  We haven't heard back yet, but it's only been
> >>a couple of weeks.  Our next step will be writing again in French.
> >>
> >>I'm remaining optimistic for the moment, but am keeping in mind that the
> >>more folks who start submitting their problems with the license, the more
> >>likely the publisher is to become educated quickly on this need.
> >>
> >>At 11:16 AM 3/29/2002 -0500, you wrote:
> >>
>[bjcox] Has anyone  yet worked with the license for the Web version of
>L'Annee Philologique? The license is fine until the last clause which
>requires adjudication under the laws of France before the Tribunal de
>Commerce de Paris. [See article 8 of the license agreement:
>The license is in French; we could not find a link to an English version.
>I guess my specific question is whether anyone has tried to negotiate a
>change in this [for us as a state institution, it would have to be
>adjudicated in Kentucky!] and if so what what luck or results?
>Bonnie Jean Cox
>Electronic Resources/Licensing
>University of Kentucky Libraries