Re: Adobe open source license -- is this licence free?

[Michael Poole <mdpoole@troilus.org>]

Raul Miller writes:

> On 1/28/06, Glenn Maynard <glenn@zewt.org> wrote:
> > Harrassing lawsuits are the extreme case.  It's a similar problem with,
> > for example, honest but incorrect claims.  I don't see why the licensor
> > should get to override the venue in *any* case where he's the one
> > instigating the lawsuit.
> 
> So what "honest but incorrect claims" does this license allow
> that could be problematic?  In the sense of alleging specifc
> misbehavior.
> 
> I'm just not seeing it.

In the "honest but incorrect claims" case it requires fee-shifting
from the mistaken plaintiff to the innocent defendant.  These costs
are significantly higher than they need be in the absence of a
contractual choice of venue.  (When the claims really are honest but
incorrect in the US legal system, the defendant cannot recover costs.
Other countries vary.)

Michael Poole