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RE: license jurisdiction related to pricing

Bernie, David:  The suggestion posted herein came from a few faculty users
(not from my institution) who've been aware of how difficult it has been
for small, non-US, not-for-profit publishers to provide access to US
libraries, as jurisdiction has become a stumblingblock for those who
cannot afford actions outside their own countries (which involves paying
for legal help at high rates).  Presumably it would never come to this,
but one never knows.  These users thought that by paying slightly more we
might get out of what Bernie refers to as a log-jam and asked that the
idea be vetted on this list.  Again, note, of concern here are not any of
the international or global STM publications or publishers.  Hope that's
helpful background.  Other ways through the log-jam are also welcomed.
Best, Ann Okerson

> Isn't that kinda like rewarding "bad behavior" for those recalcitrant
> publishers who refuse to change the jurisdiction?
> I'd hate to see it become the "standard" model if there are publishers who
> already are willing to change the jurisdiction upon request.
> I know there are some publishers who refuse outright to change the
> jurisdiction, and some libraries that can't subscribe to their products
> because a higher authority *requires* that the jurisdiction be changed, and
> something needs to be done to break that logjam, but.......
> Bernie Sloan
> -----Original Message-----
> From: Ann Okerson [mailto:ann.okerson@yale.edu]
> Sent: Friday, June 21, 2002 10:00 PM
> To: liblicense-l@lists.yale.edu
> Subject: license jurisdiction related to pricing
> The issue of jurisdiction comes up frequently in licensing.  Does anyone
> have experience with a two-tier pricing model designed to address that
> issue?  That is, lower price if you agree to jurisdiction of the
> publisher's choice, slightly higher if you insist on your own?  It might
> be a way to find a win-win situation, if the price differential were not
> prohibitive.
> Would such a possibility be appealing to librarians and publishers?
> Ann Okerson
> Yale University
> ann.okerson@yale.edu