It's because right now they are strictly looking at the amount,10% per book.
I have another statement here from someone who has had course packs developed. To me, a course pack is basically republishing. For example, another publisher contacted me about publishing an essay from this book. We found out where they were going to publish, the rights that they wanted, the geographic location, and the duration, and we came up with an amount for that permission.
What's happening at the university level is that universities are essentially creating their own publications, and I consider “publish” to mean “to make public for a number of people”. I don't know if I'm answering your question, but if indeed a student is doing an essay on the Delgamuukw case and wants to use that chapter in their private study in order to work on their paper or something like that, to me that is fair use, but republishing is not.
When I say the purpose, if it's not private study and it's not someone's own educational research, that's taking it into a different realm. I hope that answers it.