In my quest for Cd-ROM in my library, I am continually coming up
against problems and brick walls (library committee, etc.)
We finally agreed that it would be foolish not to enter into \
Bender's subscription plan, given the 10% discount and waiver of
shipping fees with prepayment. That was fine. It has taken over three
months of negotiating back and forth, but we finally got it.
Now, I want to include the Free CD-ROM. My library committee chair
has concerns, because Bender won't alter their contract language to
indemnify us from copyright infringement claims (or the threat thereof)
and other miscellaneous, minor changes that we want to make. I, of
course, and frosted beyond words, because of (well, alot of things)
my people's concerns -- I think they're taking things way out of
proportion -- like, "if they're not going to be willing to negotiate
a contract, we may have to find someone else to do business with", etc.
It gets wearing to hear this over and over.
Finally, this is what I want to know:
1) How flexible was Matthew Bender with you in negotiating your
contract for the books, and CD-ROM, if you have it;
2) How thoroughly, or to what extent, did you try to negotiate with
Bender;
3) How concerned were you, or did you need to be, about the risk
of copyright infringement and being involved in a lawsuit;
4)What, if any risk, is there, realistically, about the copyright
infringement issue? It seems to me that Bender would assume the
responsibility; if not, why don't they say it in their contract?
Why won't they add it to the language;
5) What was the outcome in your library? -- that is, did you opt out
of cd-rom from Bender because you couldn't agree on terms? did you say
"go for it anyway" and figure you'd worry about the risk later.
I have to meet with my library committee on Wednesday. Any responses
I could get befroe then would be greatly appreciated.
Of course, I realize I'm not asking for much here (HAH!). I really DO
appreciate any help I can get on this.
You can reply to my e-mail, or the list, whichever you prefer.
Thanks again.
Paul George Mitchell
Marathon Oil Company Law Library
Findlay, Ohio
419/421-3376 voice
419/421-3578 fax
da793@cleveland.freenet.edu Internet
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