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Old 02-24-2005, 11:04 AM   #42
Traithe
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Join Date: Jan 2003
Name: Kite
Posts: 131
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Well, I can already tell you that KaVir's correct about the ownership issue: the license itself doesn't explicitly transfer ownership to anyone (the mention of the University doesn't serve this purpose), and the copyright record number he provided gives their names as the owner of the copyright interest.

Regarding unenforceability due to the impossibility of fulfilling a clause in the license, I couldn't say generally without some research on the matter. However, in this case I think it's pretty easy to sidestep the issue completely; the plain language of the says that "you must send us a message"; it doesn't state anything about the need for the message to actually be received or acknowledged in any way in order for the license to have been fulfilled.

At any rate, I just emailed the Lexis rep at our school to find out if it would be possible for me to include the source materials as PDF files that I dig up with my research, so people without access to legal databases can still read for themselves to judge the accuracy of my findings. I'll probably get started on this thing in a couple days or so.
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