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Most other courts have declined to uphold those contracts. The proposed UCITA (formerly UCC Article 2B) as it is presently written, says that these contracts are uniformly valid, and you have no recourse.

DR. SAXON: What we have here is another case where a matter which is supposed to remedy or address a situation in one arena possibly could be interpreted as providing unintended consequences in the scientific arena.

MR. REICHMAN: I am not suggesting that most scientific database providers are going to behave unreasonably. What I am suggesting is that some large scientific publishers will behave anticompetitively if they are given the license to do so.

DR. SAXON: Big databases for which there is a massive amount of negotiation are different than a particular item where the individual cost is very small. They really are very different situations.

MS. WILLIAMS: I'm afraid that we are out of time. I would like to take the opportunity to thank our panelists and participants in the session.

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