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

[Matthew Garrett <mgarrett@chiark.greenend.org.uk>]

George Danchev <danchev@spnet.net> wrote:
> On Friday 09 September 2005 19:35, Matthew Garrett wrote:
>> That's choice of law, rather than choice of venue. I was under the
>> impression that it was generally accepted.
> 
> I mean the venue designates the jurisdiction where a lawsuit process is held. 
> Can you prove somehow that all of them around the globe are sane and wont be 
> used for speculations ... 

If a license chooses a jurisdiction that is known to be insane then that
specific case may be non-free.

>> So the presence of a choice of venue clause is a quantitative
>> difference rather than a qualitative one?
> 
> I don't think it makes any difference. You just open new holes I'm arguing 
> against. Why you need to put that baseless challenges on user's souls ? 

The presence or absence of a choice of venue clause does not alter the
fact that the licensor can make baseless challenges against the user.
The ease with which they can do so varies to some degree, but for large
evil companies the practical difference is going to be small.

-- 
Matthew Garrett | mjg59-chiark.mail.debian.legal@srcf.ucam.org