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Re: "If you're willing to take it out...


This has nothing to do with the discussion at hand, however, could I
suggest that the subject line of messages be made a little more
descriptive of their true intent. Often I don't recognize the names of the
senders, and if the subject is a bit "obtuse" my tendency is to want to
delete them either in an effort to avoid junk mail or the newest virus.

Laura R. Syms
University College of Cape Breton
PO Box 5300
Sydney, NS   B1P 6L2
phone(902)563-1674   fax(902)563-1826

----- Original Message -----
From: John Abbott <abbottjp@conrad.appstate.edu>
To: liblicense-l <liblicense-l@lists.yale.edu>
Sent: Monday, May 29, 2000 2:35 PM
Subject: "If you're willing to take it out...

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:  abbottjp@appstate.edu