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From:
LIBLICENSE <[log in to unmask]>
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LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Wed, 16 Jan 2013 18:34:19 -0500
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From: Sally Morris <[log in to unmask]>
Date: Wed, 16 Jan 2013 16:27:18 +0000

Yes, Joe has misunderstood my original message as well.  I'm not arguing
that we can go back to the situation of pre-electronic days - but I am
arguing that it ought to be possible to make it simpler and thus less costly
for all concerned.  Yet, as Anthony points out, despite the efforts of those
of us who have tried to streamline and simplify the process, there are some
(on both sides) who still seem unwilling to go down that path.  Why, I
wonder?

Sally

-----Original Message-----
From: Anthony Watkinson <[log in to unmask]>
Date: Tue, 15 Jan 2013 09:04:11 +0000

Joe

You misunderstand me and perhaps both of us. In my case I was providing
history, Because of the work of people like Sally and of course Ann Okerson
there has been a great deal of convergence in the drafting of clauses and
the clauses which contracts contain. At least that is my impression. Others
may correct. There are companies (alas) where the corporate lawyers or (even
worse) the legal people they bring in from outside do ignore the consensus
that has developed in various areas. There is no need to invent new
restrictions or permissions. It just adds to cost. Following models save
money. It is pity some people do not seem to realise this.

Anthony

-----Original Message-----
From: Joseph Esposito <[log in to unmask]>
Date: Sun, 13 Jan 2013 22:41:20 -0500

Oh, gosh, Anthony and Sally, what romantics you are! You want the good old
days when you could work in simpler ways, when you might actually know the
name of the person who acquired what you published. But it's a different
world today, with large aggregations of publications being sold to large
aggregations of libraries.  It's terribly impersonal, with no prospect of
turning back the wheels of time outside the pages of a science fiction
novel.  We all hate these obnoxious contracts, and perhaps the lawyers who
draft them as well, but in a time of such ferment about trading terms and
intellectual property, the contract is that momentary stay against confusion
that we require to go about our business.  No one likes these things, but we
need them.

Joe Esposito

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