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RE: Confidentiality clause is back in at Nature
- To: <liblicense-l@lists.yale.edu>
- Subject: RE: Confidentiality clause is back in at Nature
- From: "Rick Anderson" <rickand@unr.edu>
- Date: Tue, 3 Oct 2006 00:23:47 EDT
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
> Strongly disagree with Rick's premise. Using his examples > > 1. Automotive- Not relevant. It's not what you telling me what > you paid for the car. It's whether the dealer will tell you > what he sold the identical car for, to the last customer. Try > to get that number. The context of this discussion is confidentiality clauses. No automotive dealer (that I'm aware of, anyway) will ever make you sign a confidentiality agreement, forbidding you to discuss what you paid for the car he sold you. I may not have much luck getting _him_ to tell me what you paid, but there's nothing to stop _you_ from telling me what you paid. > 2 Bookselling. Not at all easy to know. Yes easy to get the > list price. But most publishers' discount schedules, to > libraries, to consumers, to consortia, for multi-copy sales, > vary all over the place. Again, you're right that the prices vary. But it's very easy to find out what any particular library's or consortium's discount structure is -- all you have to do is call up the librarian and ask. (Unless they've agreed to a confidentiality clause.) My response to each of your other examples is the same: in none of the industries or markets that I cited is it common for pricing to be kept contractually confidential. In many of them, at least the list price for the product is easily and publicly available -- special deals may have taken place in particular instances, but they're rarely (if ever) protecting by vows of silence. ---- Rick Anderson Dir. of Resource Acquisition University of Nevada, Reno Libraries rickand@unr.edu
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