[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: "Best" vs. "Reasonable" Efforts

In general the UK is using "reasonable endeavours" in its national
licences in respect of the licensee's obligations Victoria refers to,
although the word "best" does appear at one point. You can see two UK
licences on the Liblicense Web site.

Fred Friend 


At 19:36 08/07/99 EDT, you wrote:
>Does anyone know what, if any, is the legal difference between "reasonable
>efforts" and "best efforts"?  This is in regard to the wording of a
>license where it sets forth what is required of the licensee in
>maintaining security, preventing unauthorized use, enforcing use
>restrictions, etc.
>Both terms would seem to be fairly loose and open to legal interpretation,
>but I suspect that "best" may hold one to a higher standard of performance
>than "reasonable".  I generally use "reasonable efforts" when revising
>license agreements, but have encountered a case where the licensor's
>attorney has countered my revision with a revision that substitutes "best
>efforts" where I had proposed "reasonable efforts".  Is this worth
>worrying about?  (Another part of the license combines both into the
>phrase "reasonable best efforts".)
>Thanks in advance for any advice,
>Victoria Mitchell
>Reed College Library
>Portland, OR 97202
>503/777-7272 (ph)
>503/777-7786 (fax)