Re: IBM Public License (again)
Josh Triplett <josh.trip@verizon.net> wrote:
> Nathanael Nerode wrote:
> > I just spotted a clause which I *really* don't like, however:
> > "Each party waives its rights to a jury trial in any resulting litigation."
> >
> > That's not a legitimate requirement of a free software license, is it?
>
> No. I didn't notice that earlier (mostly because I only looked at the
> clauses the original license review request mentioned), but that clause
> clearly makes the license non-free.
I'm not so sure. Choice of venue already limits the different ways
that a party can bring suit. This just says that you have to do it
with a judge or arbitration. In essence, it is limiting the venue
even more. But the venue doesn't necessarily favor one party over the
other.
Regards,
Walter Landry
wlandry@ucsd.edu
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