Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...
Choice of venue is a practical problem because it limits
the number of people who can understand the full meaning of
a licence, including the local wrinkles of its venue. I say
there's potential for an effective fee in some cases, but I
don't know the courts of (say) Santa Clara well enough to
know if that's the case there. I dislike lawyerbombs :-/
Unfortunately, many people aren't familiar enough with their
home legal systems to know how choice of venue being included
or not would affect them. That's OK in a way: copyright sucks
and debian tries to help users avoid some of the worst bits.
Matthew Garrett <mgarrett@chiark.greenend.org.uk> wrote:
> [...] Within the UK alone, I can end up paying fairly large travel fees to
> deal with a court case. [...]
Only if you can afford them temporarily, until costs are
awarded. Otherwise, a request to transfer to your home court
is usually granted. See Department for Constitutional Affairs,
Civil Procedure Rules, Part 30: Transfer. (A similar process is
used when I claim money owed to my business, so I've seen this.)
http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part30.htm
Do English courts consider venue clauses during this? Seems not.
The points about living in the Scottish highlands border on the
absurd. Scotland and England are different countries, legally,
which limits the travel required a bit.
A venue clause may make little difference in some places. As
suggested by a couple of contributors, English penalties may
be large enough now to trigger extradition for copyright
infringement. I've forgotten what the Copyright [...] Act
2002 did. They're even making penalties large enough to *fast*
extradite computer crackers: see April or so back on debian-uk.
--
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
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