RE: license jurisdiction related to pricing

[Richards Robert <rrichard@stripe.colorado.edu>]

Ann:

I like your idea.  I think the costs of license negotiation, as well as
the costs of foreign jurisdiction litigation, constitute genuine obstacles
for smaller publishers.  Standardizing a higher price for customer's
jurisdiction lowers the publisher's transaction-processing costs, and
offsets the publisher's negotiation and future litigation costs.  Your
idea seems to me to provide a substantive incentive for smaller publishers
to be flexible on jurisdiction.

In my experience, many smaller publishers are small businesses doing their
best to stay afloat with very slim profit margins.  They respond
positively to compromise, good faith gestures, and other
relationship-building behavior.  They do not respond well to inflexibility
from customers.

This topic brings to mind research that shows contractual parties
frequently prioritize relationship-preservation over other values.  The
topic also recalls organizational management research that demonstrates
the value of incorporating the characteristics of human relationships into
information systems.

I think part of the library community's challenge is to build into our
licensing models some of the flexibility, incentive-provision, and other
relationship-building factors that characterize ordinary contractual
business relationships.  I think your tiered model exemplifies this.

Rob Richards

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Rob Richards
Technical Services Librarian, University of Colorado Law Library
402 UCB, Fleming Law Bldg., Rm 190
2405 Kittredge Loop Dr.
Boulder, CO 80309-0402
PH: (303) 492-2706, FX: (303) 492-2707
E-mail: robert.c.richards@colorado.edu
Any opinions expressed above are mine, and not necessarily those of my employer.
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> Date: Mon, 24 Jun 2002 19:26:23 -0400 (EDT)
> From: Ann Okerson <ann.okerson@yale.edu>
> To: "'liblicense-l@lists.yale.edu'" <liblicense-l@lists.yale.edu>
> Subject: RE: license jurisdiction related to pricing
> Message-ID: <Pine.LNX.4.44.0206241920350.32210-100000@ares.its.yale.edu>
> MIME-Version: 1.0
> Content-Type: TEXT/PLAIN; charset=US-ASCII
>
> Bernie, David:  The suggestion posted herein came from a few faculty users
> (not from my institution) who've been aware of how difficult it has been
> for small, non-US, not-for-profit publishers to provide access to US
> libraries, as jurisdiction has become a stumblingblock for those who
> cannot afford actions outside their own countries (which involves paying
> for legal help at high rates).  Presumably it would never come to this,
> but one never knows.  These users thought that by paying slightly more we
> might get out of what Bernie refers to as a log-jam and asked that the
> idea be vetted on this list.  Again, note, of concern here are not any of
> the international or global STM publications or publishers.  Hope that's
> helpful background.  Other ways through the log-jam are also welcomed.
> Best, Ann Okerson