Re: Adobe open source license -- is this licence free?
On 1/26/06, olive <olive.lin@versateladsl.be> wrote:
> I am not at all convinced. First, I wonder if this choice of venue is
> legal.
I think the question is not whether it's legal, but whether it's
relevant.
In some cases it is (for example, if someone takes action against
Adobe based on that license), in some cases it won't be (for
example, if someone takes action against Adobe for some other
reason).
If Adobe takes action against someone else for violating the
license, the other party can dispute that the license...
That said, on re-reading the clause in question, it's pretty clear
that it's talking about choice of law. The way it's written it also
seems to imply choice of venue, but ... well, here it is:
6. GOVERNING LAW AND JURISDICTION. This Agreement is governed by
the statutes and laws of the State of California, without regard to
the conflicts
of law principles thereof. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of
the Agreement,
which shall remain valid and enforceable according to its terms. Any dispute
arising out of or related to this Agreement shall be brought in the courts of
Santa Clara County, California, USA.
So the California anti-SLAPP is very clearly relevant in the context of this
contract, and it doesn't really matter that the license says that Adobe will
bring it's disputes to the courts of Santa Clara Count, CA. Even if the
license didn't specify where Adobe brings its disputes, Adobe would
be free to take its disputes there.
Note also that the license doesn't say which judges get to resolve these
disputes or even which judges get to hear them.
In other words, I don't see anything here which violates the law.
--
Raul
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