[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
RE: Fwd: RE: dispute resolution?
- To: "'email@example.com'" <firstname.lastname@example.org>
- Subject: RE: Fwd: RE: dispute resolution?
- From: "Sloan, Bernie" <email@example.com>
- Date: Tue, 3 Sep 2002 18:26:30 EDT
- Reply-To: firstname.lastname@example.org
- Sender: email@example.com
Gail, If your comment about "the Purchasing Department making the decision about jurisdiction" refers to my earlier note, perhaps I should clarify. In cases like this, our Purchasing people are simply enforcing prior decisions made by our legal counsel, in interpreting Illinois law as it applies to public institutions. Our legal counsel says Illinois law requires the "governing law" to be Illinois law. The Purchasing people implement the legal decisions by reminding people that Illinois law needs to prevail in licenses and contracts. So, the Purchasing people aren't really MAKING decisions on governing law. They are implementing decisions made earlier by legal counsel. Bernie Sloan -----Original Message----- From: Gail James [mailto:firstname.lastname@example.org] Sent: Tuesday, September 03, 2002 3:19 PM To: email@example.com Subject: Re: Fwd: RE: dispute resolution? I've been following this debate on jurisdiction with interest. Most of the databases we subscribe to in Australia are from US or Europe and the area of jurisdiction is an issue with us. The cost to settle a dispute in the Northern Hemisphere would be seriously high for us, therefore we always negotiate jurisdiction to Australia and are usually successful. I'm interested in this last comment about the Purchasing Department making the decision about jurisdiction these lends more evidence to the fact that the power to change licences lies with the commercial section of a company not the legal department. I think it an interesting idea about third party mediation but doubt this would work if the licence had a restrictive Limited Liability which excuses a publisher from any responsibility to resolve any issues a library might want to pursue via an agreement. Gail James Information Resources Licences Manager Learning Services Geelong Waterfront Campus Geelong Victoria 3217 Telephone : +61 03 5227 8238 Fax : +61 03 5227 8000 Email : firstname.lastname@example.org