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Re: The QPL licence

Henning Makholm wrote:
> Scripsit Glenn Maynard <g_deb@zewt.org>
> > This license is governed by the Laws of the Netherlands. Disputes shall
> > be settled by Amsterdam City Court."
> > I'm not particularly familiar with these clauses, but isn't the second
> > sentence a choice of venue?  It doesn't feel free.
> Neither does it to me. It seems to me that it means that if the author
> for some reason decides to sue me for breach of license, I have to go
> to Amsterdam to protest my innocense.

That is what this provision means, according to Dutch law. You're
agreeing that Dutch law will be used to interpret this license
and that the Dutch court in Amsterdam has jurisdiction.

Under Dutch law, a one-sided license grant is normally treated as
a contract. The only requirements for something to be a contract
is that an offer is accepted. No consideration etc. necessary. 

I have no idea whether a US court would like to apply this
clause, but if the author goes to court, he is likely to get
the court to use Dutch law, using this clause.


Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/

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