On 03 Feb 2005 08:28:36 -0500 Michael Poole <[EMAIL PROTECTED]> wrote:
> There are several arguments why choice of venue violates the DFSG. > > The first, relatively weak (since it is not clearly based in the DFSG) > is that having to defend yourself in a foreign jurisdiction acts as an > improper fee or charge for using the software. Its just as unfair to make it harder for open source copyright holders to enforce their copyrights. > A stronger one is that it discriminates against persons who are not > naturally subject to the chosen jurisdiction, breaching DFSG#5. hmm, so if parts of the license arent enforcable in the licencees jurisdiction, then a "choice of venue" clause could be used to drag people into a jurisdiction that they are enforcable... > In common law countries, enforceable choice of venue generally > requires a contract[1], and some believe that no license can be > DFSG-free if it contains provisions enforceable only by contract. > (Perhaps because contracts require that both sides give consideration, > and the DFSG generally is about the copyright owner giving to the user > rather than the other way around.) Interesting... but isnt this more a point that a "choice of venue" clause may be irrelevent in some jurisdictions, in which case it shouldnt effect wether its DFSG free or not. Glenn -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
