Re: New England Journal of Medicine

["Dave Fisher" <Dave@library.ucsd.edu>]

I ran a similar clause by our university legal counsel recently and was
reminded that because California law does not speak to the issues of
copyright or fair use (it is a federal domain) that there would be no
conflict of laws under 12c and any actions brought by the licensor would
be actionable in the courts designated in the clause.  Like the previous
respondent, we would reject this clause. One would have to have something
in the state law or Constitution specifically addressing the institution's
exposure to other legal venues or governing laws.  I'm skeptical that
anything like that exists, or if it did, that it would be enforceable.


David L. (Dave) Fisher                                  
Electronic Resources Coordinator   
Univ of California, San Diego Libraries   
dfisher@ucsd.edu
(858) 822-1004

>>> twilliam@bbl.usouthal.edu 12/15/03 04:28PM >>>
We're a state institution and by state law could not accept such
wording.

-- 
Thomas L. Williams, AHIP
University of South Alabama
twilliam@bbl.usouthal.edu