Re: license language flamewar [was: ITP: squeak-vm, squeak-image, squeak-sources -- A highly portable Smaltalk system]

[John Hasler <john@dhh.gt.org>]

Anthony Towns writes:
> Why should I have to deal with your local laws just because I chose not
> to live in the US?

Why should I be forced to submit to a default judgement in Australia
because I cannot afford an Australian lawyer?  Why should I have to watch
helplessly as someone infringes my copyright because I was unaware of some
idiosyncrasy of Japanese law?  Why should I not do what I can to protect
myself from the whims of the thousands of jusrisdictions around the world?
Why shouldn't I attempt to see it that litigation involving me and my work
occurs in the only jurisdiction I have knowledge of and access to?

> If you die, and I take over maintaining your program, why should I have
> to use US law to sue a German for copyright infringement instead of
> either Australian or German law?

If I die, and you take over maintaining my program, you cannot use the laws
of any jurisdiction I know of to sue anyone for infringement of my
copyright.  You could, of course, sue for infringement of your copyright on
your changes, but you can also license those however you see fit.

If I do add such a clause it will not refer directly to the US.  It will
refer in some way to the "home" jurisdiction of the author(s), specified
seperately.  You could then add your name and address to the list, or add a
clause declaring that the jurisdiction clause does not apply to you, and
that you are prepared to take your chances in the Islamic courts of
Afghanistan.

> Provisions for working out which jurisdiction is the appropriate one to
> try a case when a crime crosses jurisdictions is a matter for governments
> to work out, not something you ought to try to tack onto your license.

Crime has nothing to do with it.  We are discussing contract law.  It is
routine for contracts and other agreements to specify jurisdiction.
-- 
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI