Re: Confidentiality clause is back in at Nature

[Peter Banks <pbanks@bankspub.com>]

While I understand the desire for pricing transparency, I can't 
think of an industry where it is practiced, or understand the 
value to the buyer, since it often favors the seller.

When I was a publisher and purchasing printing, composition, or 
Web services, there was no openness in pricing. I am sure in 
other services purchased by universities, from IS services to 
construction, contracts are awarded in response to RFPs, often on 
a closed bid basis.

Perhaps there are economists on the listserv who can comment on 
whether open or hidden pricing trends lower pricing for buyers. 
My experience with printing services is that closed pricing 
drives down prices, as printers cut margins to the minimum or 
bundle services to gain business. I would think that librarians 
have the greatest bargaining power when they are not operating 
from a take-it-or-leave-it menu of prices.

Peter Banks
Banks Publishing
Publications Consulting and Services
pbanks@bankspub.com


On 9/25/06 6:21 PM, "Debi Baker" <ddbaker@uoregon.edu> wrote:

> Good luck, Rick!  I've had to speak to such a lawyer and found 
> the major concern was based on his own actions during law 
> school where he violated fair use.  Seems we are seeing a lot 
> more of this, particularly in the newly-minted JDs.
>
> Regards,
>
> ********************************************************************
> Debi Baker    Orbis Cascade Alliance
> Projects Manager   ddbaker@uoregon.edu
> 1299 University of Oregon               voice: (541) 346-1832
> Eugene, OR 97403-1299                   fax:   (541) 346-1968
> ********************************************************************
>
> On Fri, 22 Sep 2006, Rick Anderson wrote:
>
>   (Apologies for cross-posting)
>
>   Some readers of this list might recall recent discussion of a
>   newly revised clause in Nature's license agreement, one which now
>   requires that the library keep both the license terms and the
>   price confidential. When I objected (strenuously) to this license
>   provision to my sales rep -- and mentioned the problem on-list --
>   I was told that the pricing confidentiality language was going to
>   be taken out and that pricing information was going to be posted
>   publicly.  Now the word from Nature is that the pricing
>   confidentiality language is staying in after all, even though it
>   is apparently still going to be posted publicly (if you figure
>   that one out, let me know).
>
>   If this bothers you, you may want to register your displeasure
>   with the company.  When I did so, I was told that "it's the
>   lawyers."  I've asked to speak with one of the lawyers.  We'll
>   see whether that happens.
>
>   FYI,
>   Rick Anderson
>
>   ----
>   Rick Anderson
>   Dir. of Resource Acquisition
>   University of Nevada, Reno Libraries
>   rickand@unr.edu