On Fri, May 30, 2014 at 8:24 AM, Atamert Ölçgen <mu...@muhuk.com> wrote:

>
>
>
> On Fri, May 30, 2014 at 1:09 PM, Gregg Reynolds <d...@mobileink.com> wrote:
>
>> On Fri, May 30, 2014 at 12:27 AM, Atamert Ölçgen <mu...@muhuk.com> wrote:
>>
>>> This Agreement is governed by the laws of the State of New York and the
>>>> intellectual property laws of the United States of America.
>>>
>>>
>>> This is a very peculiar clause for me. I have just checked GPL text and
>>> it doesn't contain anything like that. I'll look into this further later,
>>> but at this point I'm concerned by a license that is in a way limited to a
>>> geographical location. A location which I don't live.
>>>
>>> The web never lies:  https://news.ycombinator.com/item?id=7232485
>>
>
> I don't know what I'm supposed to learn from that thread.
>

NY (or London or ?) as world standard for international commerce.


> But clicking through I have arrived here:
> http://lists.gnu.org/archive/html/gnu-misc-discuss/2009-08/msg00062.html
>
> I don't see why choice of law clauses would necessarily be additional
>>> restrictions. To me, it seems they are more like definitions. They are
>>> telling you that the meaning of the license is interpreted under a
>>> particular established law. If the license, when interpreted under that
>>> law, does not impose any additional restrictions, why couldn't it be GPL
>>> compatible?
>>
>> It reduces the freedom of people in other jurisdictions.  These people,
>> theoretically, could become subject to an alien legal system over which
>> they have no control, no knowledge, and no access to lawyers versed in
>> it.  This is a disincentive to use software restricted in this fashion.
>
>
> So it seems, for non-US citizens, choosing a license that doesn't contain
> a choice of law clause is the rational way to go.
>

Define rational.  To me, it looks like absence of a choice of law clause
means I have no idea where I might end up in case of litigation.  Name your
favorite corrupt legal system here.  With a choice of law clause at least
you can be somewhat confident that the contract can be enforced under some
semblance of the rule of law.

-g

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