Re: Help! L'annee Philogique

[Ann Okerson <aokerson@pantheon.yale.edu>]

Kent:  Whether one can find any state legislation (from any state)
explicitly forbidding the acceptance of French (or any other) jurisdiction
in contracts, I couldn't say.  We are not a state institution but we are
also requested/required by our University not to sign such contraqcts.
The pure and simple reason is practical:  In order for the university to
agree to governing law of a different country, we would have to study and
understand that law, i.e., we would have to develop expertise with it, and
that expertise would have to be somewhat broadly based throughout the
institution.  We would also have to be prepared to handle disputes in
another country, whether formally or informally.  We simply do not have
the staff and other resources to do this, even though we will agree to
being bound by the laws of other states (save for UCITA-enacted states),
as these are largely governed by national copyright laws and/or harmonized
contract laws that also are valid in CT.

When asked by providers in Australia, France, Germany, India, etc., etc.,
to be bound by their national law, we say that we simply cannot do this
for the very pratical and costly reasons I've noted above.  I also believe
it is not reasonable for American producers to expect this kind of
compliance (to US law) from institutions abroad.  Now, this is indeed
vexing because it adds to the costs of doing business... almost
intractable as a problem.

Sincerely, Ann Okerson
Associate University Librarian/Yale University


On Thu, 2 May 2002, Kent Mulliner wrote:
> Since I've noticed nothing further on this on the list, I seek some help
> with a request.  A colleague here is a contributor to L'annee and I'd
> asked her assistance in trying to deal with the license issues. She has
> now forwarded a message from her contact in France asking for a copy of
> the statute the prevents us (as a state institution) from accepting the
> jurisdiction of French laws and courts.  I've asked our legal office about
> this, but--even if I could provide such for Ohio-- it would be necessary
> for every other state.
>
> So this is to seek advice on some authoritative discussion of the
> sovereignty and jurisdiction issues in licenses as affecting libraries.
> I'd like to package Trish Davis and send her as the response, but perhaps
> the rest of you have a less cumbersome and more acceptable approach. My
> colleague does advise that the person from Paris trying to deal with this
> issue is coming to the US in a week to get married.  My colleagues
> impression is that he would like to clear up this issue before he comes.
> So there is some urgency in this request.
>
> K. Mulliner       Collection Development Coordinator
> Ohio University Libraries               Phone: 740-593-2707
> Athens, OH 45701-2978, USA       FAX:    740-593-2708
> mulliner@ohio.edu
>
> >At 11:16 AM 3/29/2002 -0500, you wrote:
> >
> >>[bjcox] Has anyone  yet worked with the license for the Web version of
> >>L'Annee Philologique? The license is fine until the last clause which
> >>requires adjudication under the laws of France before the Tribunal de
> >>Commerce de Paris. [See article 8 of the license agreement:
> >>http://www.lesbelleslettres.com/html/annee_philologique_conditions.htm].
> >>The license is in French; we could not find a link to an English version.
> >>I guess my specific question is whether anyone has tried to negotiate a
> >>change in this [for us as a state institution, it would have to be
> >>adjudicated in Kentucky!] and if so what what luck or results?
> >>
> >>Bonnie Jean Cox