Re: RFC: GPL plus securities industry disclaimer suitable for main?
On Fri, 2 Oct 2003, Thomas Bushnell, BSG wrote:
>> > > > The terms of use are to be construed in accordance with the Laws of
>> > > > England.
>>
>> It would be significantly inconvinient for a foreign user to be forced
>> to appear in a UK court should the copyright owner file suit against
>> them. Under UK law they _probably_ did something wrong to get this far
>> at all, but still, it wouldn't necessarily be the case in the absence
>> of this clause (and if it said "US law", that wouldn't hold).
>That provision is a "choice of law" provision, which does *NOT*
>restrict which court a suit can be filed in. Only a "choice of forum"
>provision would have that problem.
>In my opinion, choice of law provisions are certainly not
>GPL-incompatibilities.
Such provision, IMHO, is contradicts to article 5 of Berne
Convention, when applied to copyright matters. Therefore, such
provision may make all license either illegal or unenforceable.
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