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L'annee philologique



Dear List,

I'm reluctant to put my foot into this matter of L'annee philologique, but
here goes. My 2 cents. Please note that I'm not a lawyer, nor do I play
one on TV. If I'm repeating things said before I apologize.

At my institution -- run by the state of Michigan -- the matter of
jurisdiction can also be a dealbreaker in licensing. The University Legal
Counsel's office, which reviews all licenses for us, always pays attention
to such clauses. Sometimes, when neither side is willing to accept the
other's jurisdiction, we and the publisher agree to strike the clause
entirely -- and then I suppose we all hope for the best.

It's my impression that Europeans often don't understand the federal
nature of U.S. law -- that is, that Michigan is a more "powerful"
jurisdiction, as a state in our federal system, than (for example) a
British county is. Or, obviously, any piece of France. What flies in
Nebraska or California might not fly in Michigan; or then, it might; no
one knows till it's tried. That is one reason we seem so litigious.

Also, private institutions may well deal with this differently than state
institutions do. I believe a much larger share of U.S. institutions of
higher education are private than in any other country -- also a larger
share of U.S. library acquisitions budgets.

Stephen D. Corrsin
Head of Acquisitions
Wayne State University Library System
5150 Anthony Wayne Dr.
Detroit MI 48202
tel 313-577-4005
fax 313-577-3615