Date: Mon, 17 Oct 2005 5:27 PM
From: Gil Chinitz (Macomb Cnty Library) <ChinitzPC_at_aol.com>
Subject: Re - Talking to Lawyers
Dear Steve:
My comments may not be what you are looking for, but are directed
to rising licensing fees with no power to control the language in
licensing contracts.
Lawyers for library districts and cooperatives need to be given
authority to try to band together to try to negotiate lower database
licensing costs and make some of the licensing language less one-sided.
This is a difficult task, but needs to be done.
In this regard, it used to be that overbearing one-sided contracts
were often ruled to be unenforceable as violating public policy.
However, many court systems have become more conservative,
now routinely enforcing contract language that was not truly negotiated.
Therefore, for example, when a database company says that rates
are going up 40% from year to year, groups of libraries need to
be able to say that they will all discontinue subscription unless the
price increases are more realistic.
Regards,
Gil Chinitz, MLIS, JD
Macomb County (MI) Library
--------------------------------------------------------------
For information about ACQNET's editorial policies,
how to subscribe/unsubscribe, and access to Archives, see:
http://www.acqweb.org
--------------------------------------------------------------
Received on Sun Oct 30 2005 - 09:19:35 EST