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Re: license jurisdiction related to pricing



One way is the same as for other small transactions--organize one's
affairs to avoid legal action. We do not sue journal publishers when they
skip issues, but just stop subscribing; they do not sue us for
non-payment, but just stop sending.

Even when larger entities are involved, the landmark copyright legal cases
have not been financially supported on either side by individual
publishers, authors, users, or libraries, acting on their own.

Another way, and the way I recommend, is to utilize publishing consortia
like BioOne.

Ann Okerson wrote:

> 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