Re: Query Re Library Responsibility for Library Patrons' Use

["Mcsean, Tony \(ELS\)" <T.Mcsean@elsevier.com>]

My advice when drafting a user contract at the BMA library was 
that under English law "reasonable" has no special meaning beyond 
the ordinary everyday one and just meant what a reasonable, 
diligent person might be expected to do in the context and 
circumstances

Tony McSean

-----Original Message-----
To: liblicense-l@lists.yale.edu <liblicense-l@lists.yale.edu>; Sally Morris (Morris Associates) <sally@morris-assocs.demon.co.uk>
Sent: Mon Mar 05 02:25:22 2007
Subject: RE: Query Re Library Responsibility for Library Patrons' Use

But the point has already been made that in the US "all 
reasonable endeavours" would probably be interpreted as "pull out 
all the stops" "do anything and everything".  The UK is, 
eveidently, interpreting "reasonable" as, well, reasonable.  In 
the US "reasonable" is interpreted much differently -- more like 
"every possible effort".

The real difference here is that in the US there isn't any 
mutually acceptable wording. And, in all likelihood, there won't 
be because publishers (or their lawyers) would be very unlikely 
to make any agreement that would limit their ability to sue for 
damages should they feel inclined. If people have entered into 
such agreements I'd like to know about it and what language was 
used.