Eastern, other schools file suit

Eastern is potentially out $290,000.

That number is the amount of the 2003 university contract for Booth Library to receive magazine and journal subscriptions, reading material the library is danger of no longer carrying.

The company providing the library subscriptions filed for bankruptcy Jan. 27.

RoweCom, a library subscription subsidiary of Divine Inc., says the parent company illegally obtained funds, leaving the subsidiary unable to pay publishers and libraries they supply in danger of not offering patrons reading material.

Booth Library continues to receive most subscriptions, but “there is no perfect list anywhere” of magazines gone missing, Allen Lanham, dean of library services, said.

Publishers have graced most subscriptions since January and have continued so far into April, he said.

Eastern is involved in a lawsuit against the subscription providers with four other state libraries.

Western Illinois University, Illinois State University, Roosevelt University and Governors State University joined with Eastern in a case with a Boston law firm billing $300 to $400 per hour. The federal government is now investigating, said Western’s general counsel Bruce Biangini.

Western could lose $600,000 and ISU over $1 million, he said.

He said RoweCom’s claim of Divine’s conduct is accurate.

“They really raped RoweCom looks to me … this is one of those dot com situations,” Biangini said.

In Eastern’s situation, money won in the lawsuit will likely go to the magazine publishers, Lanham said.

“It is likely that later on, if there are other claims, the money will go to the publishers because the libraries have continued to receive subscriptions,” he said. “The court at this time is unaware of the publishers who have continued to provide libraries with subscriptions.”

Governors State University has not been so lucky in receiving reading material, with less than 1 percent prepaid magazines sent, said Tracy Sullivan, director of purchasing for Governors State.

“Yes, we prepaid as required. Very few are sending any journals,” Sullivan said.

She said Governors State’s loss is about $250,000 for January renewal subscriptions.

Eastern planned to replace Rowecom with another provider July 1, Lanham said.

State university libraries buy many items cooperatively, Sullivan said.

“The request for proposal for fiscal year 2004, which begins July 1, is currently being evaluated,” she said.

RoweCom is trying to reclaim $74 million from Divine, which filed for Chapter 11 bankruptcy Feb. 25.