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RE: Fwd: RE: dispute resolution?
- To: email@example.com
- Subject: RE: Fwd: RE: dispute resolution?
- From: Gail James <firstname.lastname@example.org>
- Date: Tue, 3 Sep 2002 23:54:38 EDT
- Reply-To: email@example.com
- Sender: firstname.lastname@example.org
Hi Bernie, Thanks for the clarification. I always assumed that to be the case, until I came across Marketing people in a couple of Law publishing companies who told me that refusal to change some clauses was a 'commercial' decision. When I saw your comments, I thought this was more widespread. It is encouraging to hear that it may only be restricted to a small segment of publishers. Gail At 06:26 PM 3/09/2002 -0400, you wrote: >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:email@example.com] >Sent: Tuesday, September 03, 2002 3:19 PM >To: firstname.lastname@example.org >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