Re: "Best" vs. "Reasonable" Efforts

[Tony Ferguson <ferguson@columbia.edu>]

Our lawyer's read is that best would require more effort than reasonable
and would be more open to interpretation.  Tony Ferguson

___________

Victoria Mitchell 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
> mitchell@reed.edu
> 503/777-7272 (ph)
> 503/777-7786 (fax)