Alex Ramsay Posted October 19, 2013 Share Posted October 19, 2013 Has anyone had this qualification attached to a sale (textbook, for $175)? What does it signify? "The terms of the preferred vendor agreement dated 06/27/2008 (“Agreement”) apply in lieu of any terms set out in this invoice, and no such other terms that may be set out in this invoice are enforceable against Publisher. Printrun: 2 million" Thanks, Alex Link to comment Share on other sites More sharing options...
DavidC Posted October 19, 2013 Share Posted October 19, 2013 Sorry Alex, this is advanced weasel-speak filtered through the algorhythmythingy - you are not meant to understand it even if you might wish to so do - take the $175 and run........ Link to comment Share on other sites More sharing options...
John Morrison Posted October 19, 2013 Share Posted October 19, 2013 "There is no sanity clause"... Link to comment Share on other sites More sharing options...
Alex Ramsay Posted October 19, 2013 Author Share Posted October 19, 2013 "There is no sanity clause"... It's all here - http://www.nightattheopera.net/contract.html - Groucho said it best, as usual Link to comment Share on other sites More sharing options...
John Mitchell Posted October 20, 2013 Share Posted October 20, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? Link to comment Share on other sites More sharing options...
losdemas Posted October 20, 2013 Share Posted October 20, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? It would appear so, yes! Who, exactly, is going to monitor this 15% is anybody's guess. No, hang on a minute, no it's not, it's very clear: should you be fortunate enough to discover the usage, it will be down to you to monitor, calculate and report it. Link to comment Share on other sites More sharing options...
losdemas Posted October 20, 2013 Share Posted October 20, 2013 Has anyone had this qualification attached to a sale (textbook, for $175)? What does it signify? "The terms of the preferred vendor agreement dated 06/27/2008 (“Agreement”) apply in lieu of any terms set out in this invoice, and no such other terms that may be set out in this invoice are enforceable against Publisher. Printrun: 2 million" Thanks, Alex No - but then I've yet to reach such dizzy heights on the licensing tree. It means that the terms of the Invoice mean b***er all, and that the terms of the PVA mean they can wallpaper their bathroom with your image should they so choose. Link to comment Share on other sites More sharing options...
spacecadet Posted October 20, 2013 Share Posted October 20, 2013 No, I've had a refund which specifically excluded used as wallpaper. Link to comment Share on other sites More sharing options...
John Mitchell Posted October 20, 2013 Share Posted October 20, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? It would appear so, yes! Who, exactly, is going to monitor this 15% is anybody's guess. No, hang on a minute, no it's not, it's very clear: should you be fortunate enough to discover the usage, it will be down to you to monitor, calculate and report it. It seems to me that a change in "content" could be interpreted as being either quantitative (number of words or letters in title) or qualitative (meaning of title). So it's really tough to figure out what this kind of restriction actually means. Consequently, enforcing it would probably be next to impossible. Anyway, as DavidC suggested above, it's best to just take the money and run in cases like this, even if it won't get me very far. Link to comment Share on other sites More sharing options...
losdemas Posted October 21, 2013 Share Posted October 21, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? It would appear so, yes! Who, exactly, is going to monitor this 15% is anybody's guess. No, hang on a minute, no it's not, it's very clear: should you be fortunate enough to discover the usage, it will be down to you to monitor, calculate and report it. It seems to me that a change in "content" could be interpreted as being either quantitative (number of words or letters in title) or qualitative (meaning of title). So it's really tough to figure out what this kind of restriction actually means. Consequently, enforcing it would probably be next to impossible. Anyway, as DavidC suggested above, it's best to just take the money and run in cases like this, even if it won't get me very far. Totally agree. Link to comment Share on other sites More sharing options...
MariaJ Posted October 21, 2013 Share Posted October 21, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? Popular textbooks are updated to newer editions every 2 or 3 years. So it seems as long as they haven't changed more than 15% of the content of the original edition when making the new edition, the rate still covers it. Link to comment Share on other sites More sharing options...
John Mitchell Posted October 21, 2013 Share Posted October 21, 2013 Can anyone decipher this one? "Rates cover all editions of a single title providing no more than 15% content change from the original title." Gone with the Wind is OK, but Not Yet Gone with the Wind would not be. Am I correct? Popular textbooks are updated to newer editions every 2 or 3 years. So it seems as long as they haven't changed more than 15% of the content of the original edition when making the new edition, the rate still covers it. Ah, so we're talking about the content of the entire book. The wording of the restriction makes it sound (to me, anyway) as if only the title of the book is included. Now it makes more sense. Thanks. Link to comment Share on other sites More sharing options...
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