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Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...



Scripsit Matthew Garrett <mgarrett@chiark.greenend.org.uk>
> Henning Makholm <henning@makholm.net> wrote:
>> Scripsit Matthew Garrett <mgarrett@chiark.greenend.org.uk>

>>> Without the licensors, there is no commons. Without an ability to
>>> enforce licenses, the concept of copyleft becomes pointless.

>> You seem to assert that licenses cannot be enforces unless the
>> licensor gets carte blanche to harrass licensees with frivolous
>> lawsuits. That is not reality.

> The licensor *already* has carte blanche to harrass licensees with
> fivolous lawsuits.

No - if the court throws out the case ex officio because of lack of
jurisdiction, no harassment results.

>> Do you think that the GPL and the BSD licenses are both pointless?

> I think that a copyleft license is utterly pointless if there's no way
> for the licensor to be able to afford to sue infringers.

According to your argument, the GPL and BSD license must be pointless,
because they don't contain any obnoxious choice-of-venue clauses.

> But the freedom to be able to enforce the requirements of a software
> license *does* have something to do with software freedom.

Not anything I can read in the DFSG.

-- 
Henning Makholm                                          "Skidt med din brud
                                                  når der står et par nymfer
                                     i tyl og trikot i den lysegrønne skov!"



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