Re: jurisdiction language

["rrhoon.mail.ncsu.edu" <robert_hoon@ncsu.edu>]

It did work.  The license was agreed to and executed.  The alternative was
the failure to secure access to an important resource due to an inflexible
rule based upon a disproportionate perception of risk.  I think what you
mean is you would not elect to use or recommend the language -- for
understandable reasons.  The conflict of laws would have to be resolved in
the unlikely event of a justicable dispute.  As I said, an imperfect
solution, but greatly preferable to the alternative.  Everyone has to
determine their own point of discomfort in the assumption of risks, the
point is to make it an informed decision -- reasonable minds will differ
here . . .

I believe, however, risk management does not mean risk avoidance.  Given
the nature and number of risks assumed daily in a university setting, this
would, and should, rate very low on the risk continuum.  This is a reality
in contracting for electronic resources in a global industry.  Contract
policies drafted for state entities were almost universally designed
(albeit provincial) for transactions and relationships with businesses
from, at best, other states; they do not contemplate the commerce
associated with electronic resources from foreign companies, nor do they
recognize the industry specific nature of licensing, the actual risks
associated with these licenses, and the economic realities giving rise to
the types of clauses contained in most licenses e.g. limitation of
liability, indemnification, venue and jurisdiction, mandatory arbitration,
limited warranties, etc.

----- Original Message -----
From: "John Cox" <John.E.Cox@btinternet.com>
To: <liblicense-l@lists.yale.edu>
Sent: Friday, October 25, 2002 9:26 AM
Subject: Re: jurisdiction language

> I don't think this works.  You have to chose which arbitration rules are
> to apply.  And the arbitrator needs to know under which jurisdiction the
> agreement is to be interpreted.
>
> John Cox Associates
> Rookwood, Bradden
> TOWCESTER, Northants NN12 8ED
> United Kingdom
> Tel: +44 (0) 1327 860949
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> E-mail: John.E.Cox@btinternet.com