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Re: Not negotiable?
My quick reactions based on a very superficial reading so far: 1. The only legal entity in the Florida State University System is the Florida Board of Regents. All signatories at the individual institutions sign for and on behalf of the BOR. As a unit of state government, we are not allowed to sign any license that is governed by the laws of another state. It either has to be silent on that point or say that the license will be governed by the State of Florida. 2. We are not allowed to sign any license with an indemnification clause of this nature. 3. Nor can we sign a license that negates the purchase order language (and I suspect the University of Michigan couldn't do that either). -Michele Newberry ****************************************************************** Michele Newberry Assistant Director for Library Services 352/392-9020 Florida Center for Library Automation (FCLA) fax 352/392-9185 2002 NW 13th Street, Suite 320 http://www.fcla.edu Gainesville, FL 32609 fclmin@nervm.nerdc.ufl.edu ****************************************************************** On Thu, 14 May 1998 00:08:54 -0400 (EDT) michelle miller-adams said: >I'd like to comment on the question raised last month by Rick Anderson >regarding why a publisher might decide to make its licenses >non-negotiable. We at the University of Michigan Press have, in fact, >decided that the two site licenses we have written so far should not be >negotiable. The first is for the Dictionary of Old English Corpus and the >second is for the Middle English Compendium. These licenses can be viewed >at <http://www.press.umich.edu/sitelic/index.html>. (For descriptions of >the products themselves, go to ><http://www.press.umich.edu/digpub/digpub.html>.) > >We have priced subscriptions to these bodies of work as low as possible, >seeking to cover just the basic costs of production and our overhead. We >have not included enough of a margin in the price to allow for time spent >in conversations and negotiations with individual libraries or consortia >interested in revising terms of the license. In these cases, there is a >clear link between offering as low a price as possible and limiting the >amount of staff time spent in administering licenses. > >While we will not be negotiating provisions of our licenses with >individual libraries, we welcome feedback from the library community about >our licenses in general. We have already accommodated concerns raised by >some members of the lib-license list about defining a library's authorized >users explicitly to include walk-in traffic, and mentioning the role of >fair use. If there are other concerns that come to mind upon reading these >licenses, please let me know (you can communicate with me directly at >mbmiller@umich.edu). > >Michelle Miller-Adams >Manager, Digital Publishing >The University of Michigan Press
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