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RE: "perpetual license"
- To: email@example.com
- Subject: RE: "perpetual license"
- From: Jeanette Mosey <firstname.lastname@example.org>
- Date: Tue, 10 Jul 2001 18:08:58 EDT
- Reply-To: email@example.com
- Sender: firstname.lastname@example.org
Perhaps a little different ... but netLibrary offers 'perpetual' access to e-books vs an annual fee. I have not seen a written contract from them. -- Jeanette At 03:38 PM 7/10/01 EDT, Sloan, Bernie wrote: >Here's an example of how at least one software company runs a "perpetual >license". > >Blunk Microsystems supplies turnkey embedded system software. For their >system software they offer both annual licenses and perpetual license. The >annual license fee is $5,000 a year, with support included. The perpetual >license involves a $15,000 one-time fee, but appears to include only one >year of support(?). > >Their definition of "perpetual license" is at: > >http://www.blunkmicro.com/license.htm > >Bernie Sloan > >-----Original Message----- >From: John Cox [mailto:John.E.Cox@btinternet.com] >Sent: Tuesday, July 10, 2001 1:15 PM >To: email@example.com >Subject: Re: "perpetual license" > > >Deborah has raised an interesting point. I wonder if "perpetual" is at >all enforceable in a court. There is a 'rule against perpetuities' in the >law of trusts that limits provisions to what is effectively two >generations. I know of no case law in contract where the grant is to be >'perpetual', but I suspect most courts in common law jurisdictions would >have difficulty in applying it. > >Let us leave the arcane mysteries of the common law on one side, and look >at the practicalities. > >#1. If the vendor were to accept a "perpetual" license, it would create >an obligation to maintain that product for ever. But publishing and >database product compilation is not like that. Products change. They are >discontinued or replaced by a new, better, one. No licensor that I know >would knowingly be locked in to "perpetuity". > >#2. If the agreement has a term of years to run, and is dependent on >annual subscription renewal, the use of "perpetual" is contradictory and >confusing. If the license is for online journals, and library >discontinues the subscription to one or all of the titles, most licenses >provide for 'continuing access' to the volumes already paid for - an >analog of the print journal. If it is for access to a database, access >comes to an end if the subscription is not renewed. In both cases, the >use of "perpetual" is almost without meaning. > >I would suggest a further consultation with the purchasing officer and, if >necessary, with the attorney. Make sure the attorney understands what >content is being licensed and what the library really requires. > >John Cox > >John Cox Associates >Rookwood, Bradden >TOWCESTER, Northants NN12 8ED >United Kingdom >Tel: +44 (0) 1327 861193 >Fax: +44 (0) 1327 861184 >E-mail: John.E.Cox@btinternet.com