On 2004-07-12 15:46:16 +0100 Steve McIntyre <steve@einval.com> wrote:
1. someone can explain why choice of venue can be DFSG-free;How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software.
As I understand it, it limits all those rights by allowing the licensor to require out-of-pocket expenditure by any licensee on legal representation in the given venue, instead of possibly representing yourself in the court local to your offence as seems to happen otherwise. At worst, some of these venues will grant summary judgment against you for not appearing, so it becomes an effective arbitrary termination clause. At best, we need assurance the chosen venue doesn't behave in that way.
I hope that people will correct me if I've misunderstood the case against these clauses.
On the other hand, the only case I remember being told for them is that they "ensure consistency" and give the licensor an advantage. Neither of those seem particularly relevant in helping explain why it is acceptable for free software, given the above.
There's far too much navel-gazing going on here...
I don't think that observation helps. -- MJR/slef My Opinion Only and not of any group I know http://www.ttllp.co.uk/ for creative copyleft computing "Matthew Garrett is quite the good sort of fellow, despite what my liver is sure to say about him in [...] 40 years" -- branden