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"If you're willing to take it out...
- To: liblicense-l <email@example.com>
- Subject: "If you're willing to take it out...
- From: John Abbott <firstname.lastname@example.org>
- Date: Mon, 29 May 2000 13:35:23 EDT
- Reply-To: email@example.com
- Sender: firstname.lastname@example.org
In response to "...if you're willing to take it out, why put it in?" As has been said here before, the vendor attorney's role is to maximize the vendor's position while minimizing the licensee's. Like buying a used car, it is a game of caveat stoogetor (stooges beware). I sold a pickup last year, and the buyer offered me $500 less than I had asked and I took it; he didn't then say "If you were willing to take that amount, why didn't you ask for that amount." As a librarian I/we have entered deeper into the hurley-burley of how legal processes work and am finding that they are far more in tumult and are far less rigid than we ever suspected. A letter that I write to my aged mother saying I will come visit this summer is a much more immutable document/contract than any license I have examined. My latest favorite clause (seen 2x last week) says-- when the product is used or referenced, the product must receive appropriate attribution in accordance to then prevailing scholarly standards. I am to warrant that every student is doing this? Ha. Another area where signers maybe straying into the forbidden is agreeing to binding arbitration or the paying of attorney's fees. In my state these provisions must be struck out. -- John P. Abbott Coordinator, Collection Development ASU Libraries Appalachian State University Boone, NC 28608-2026 phone: 828-262-2821 fax: 828-262-3001 email: email@example.com