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Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown
Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown
Law Librarian Scholarship
This chapter introduces the reader to the realm of electronic resource license agreements. It provides the reader with an overview of basic contract law as it relates to electronic resource licensing. The chapter then discusses the electronic resource license negotiation process as well as license agreement term clauses. The aim of this chapter is to provide librarians with an understanding of basic licensing concepts and language in order to aid librarians in the review and negotiation of their own license agreements. The author hopes to impart lessons and tips he has learned in reviewing and negotiating license agreements with a …
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Articles
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.
Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler
Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler
Articles
That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter, 13 M. & W. 838 (1845). It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence1 having been used, is to sue for …