Re: Oxford and Cambridge UP

[Michele Newberry <FCLMIN@NERVM.NERDC.UFL.EDU>]

Let me assure you, Florida feels the same way when we face a contract
which is governed by the laws of California, New York, etc.  ;-)
I wasn't picking on England and English law ... I was picking on the
clause in general.

My point was, no one will accept this clause.  I think they are left
in hopes that we will waste our energy trying to get them out, feel like
we accomplished something when we do and overlook something more
significant that the licensor hopes to slip by us in the process.

  --Michele Newberry
    FCLA
________________________________________________________________________

On Thu, 27 Aug 1998 19:05:35 EDT Charles Oppenheim said:
>Michelle Newberry said:
>
>>As I was reading the OUP license, I wasn't having too much trouble with
>>the terms and it looked like we could figure out a way to make sure that
>>our proxy service to our distance learners would still comply with the
>>license when I hit the last section:
>>
>>  "9. Governing Law and Jurisdiction
>>
>>      9.1 The terms and conditions of this Site licence are governed by
>>      English law and the English courts shall have jurisdiction."
>>
>>I would have thought that publishers would have figured it out by now.
>>Most U.S. state governments (of which our publicly funded universities
>>are a part) won't agree to anything but their own state laws.  Or, at
>>least, have the license be silent on the point... this usually gets
>>past the lawyers.
>
>Well, now you know the feeling we Brits have every time we face a contract
>which is governed by the laws of California, New York, etc.!
>
>Professor Charles Oppenheim
>Dept of Information and Library Studies
>Loughborough University
>Loughborough
>Leics LE11 3TU
>
>01509-223065
>Fax 01509-223053
>