Response to Hans Geleijnse on model licenses

["John Cox" <John.E.Cox@btinternet.com>]

Hans Geleijnse's comments on the model licenses to be found on
www.licensingmodels.com require an immediate response.  They betray a
misunderstanding of the role of these models that must be explained.

The model licenses deliberately offer a number of variable options as they
are intended to be a TOOL TO IMPLEMENT NEGOTIATIONS and NOT a
recommendation as to the outcome of such negotiations.  The subscription
agents are prevented by US anti-trust law and by European competition law
from recommending a solution to each of the many points of discussion
between publishers and librarians; this would inhibit competition.  They
can co-operate on a 'pre-competitive' basis.  These model licenses are
pre-competitive in that they provide words to express different results in
diferent sets of circumstances.

To take each of his specific points:

1.  Hans is right to point out that the multiple choices in the license
texts require the full attention of both publishers and librarians.  They
are tools to be used.  They are not solutions on a plate.

2.  The integration of information from different sources, reference
linking etc is covered by clause 3.1.5; the Licensee is specifically
permitted to provide Users with access to and an index to both the
Licensed Materials and other materials.

3.  The intention behind clause 2.3 is to provide continuing access to
material published and paid for - where the License is based on the
traditional journal/volume subscription model, except where the Licensee
is in material breach of the License.  If this is not acceptable, then
this must be a matter of negotiation between the Publisher and the
Licensee; the text can then be amended to reflect the result of that
negotiation.  Incidentally, 'material' breach is not an arbitrary concept;
it has to be substantial - it is a concept clearly marked out in law. 

It was always envisaged that the text of these model licenses would 
evolve in the light of feedback and the changing licensing environment.  
Amendments will be made to the texts where necessary, once feedback has
been collated and evaluated.  It would help this process if, as well as
posting comments to this list, they could be e-mailed to: 

John.E.Cox@btinternet.com 
John Cox 
John Cox Associates 
Tel: +44 1327 857908 
Fax: +44 1327 858564