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Re: Terms subject to change
- To: "liblicense-l@lists.yale.edu" <liblicense-l@lists.yale.edu>
- Subject: Re: Terms subject to change
- From: Rick Anderson <rick.anderson@utah.edu>
- Date: Sun, 19 Dec 2010 23:16:18 EST
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
> Seems to me that a contract that can be modified at will by one > party isn't much of a contract. I'd say you're right, and in fact I'm not sure terms such as those you described in the default language would even be legally enforceable if it came down to that. However, if I were you I wouldn't take any chances -- I would walk away from a purchase rather than sign a license that doesn't bind both parties to a defined set of performances. I'm frankly amazed that a major publisher would insist on such language; I've encountered unilateral-alteration terms more than once, but I can't think of a single time that the publisher insisted on keeping it after its ridiculousness was pointed out. Just my $.02, Rick Anderson Assoc. Dir. for Scholarly Resources & Collections Marriott Library Univ. of Utah rick.anderson@utah.edu
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