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Kali, a couple of points.
The terms of the auditing can be written into the law, as can the non-contract publisher's duty to pay the author's legal fees.
You and I have a simple disagreement about whether the author should have the power to keep his work out-of-print. No need to discuss that further, I suppose.
The "success" of the non-contract edition is determined by the publisher willing to sign a contract.
I think I've made my views clear here. I'll let you have the last say. I wish others had joined in our discussion!
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