Glenn L McGrath writes: > 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.
The DFSG doesn't mention that as any sort of criteria. Should it? > > 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... Yes, "choice of venue" clauses could drag someone into a jurisdiction that he perceives as oppressive. European individuals often think US copyright and patent laws are overbearing. US corporations often think European copyright and patent laws are too weak. Non-Muslims could be very disadvantaged if a COV clause subjects them to shari'a law. I could continue; is that sufficient illustration? > > 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. It may be irrelevant or inapplicable in some jurisdictions, but if it is relevant in any jurisdiction that Debian cares about, it is a DFSG issue. Unlike local laws that limit DFSG freedoms, choice of venue clauses are chosen by (and benefit) the copyright holder. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
