Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

[Sven Luther <sven.luther@wanadoo.fr>]

On Fri, Jul 23, 2004 at 03:50:33PM +0100, MJ Ray wrote:
> On 2004-07-23 13:25:48 +0100 Sven Luther <sven.luther@wanadoo.fr> 
> wrote:
> 
> >The cost of hiring a lawyer in france local to the Court of 
> >Versailles is
> >probably less or similar to the cost of hirinig a lawyer of similar 
> >competence
> >and fluent in the Laws of France, in a country local to the 
> >defendent. I don't
> >have hard data over this though, and would welcome hard data to the 
> >contrary.
> 
> IIRC, there is no requirement for a private individual to be 
> represented by a lawyer in an English court, although many are. 
> Additionally, the case would probably be heard in the appropriate 
> court nearest to the defendant, so travel costs are minimal, and there 
> may be Legal Aid available. Therefore, the need to hire a lawyer local 
> to Versailles is a significant additional expense an abusive licensor 
> can make the defendant pay, apparently on a whim.

Well, some could argue that you could directly write to the judge then, and
explain why the claim of the upstream author should not apply, and maybe make
mention of the harrasment you are suffering from his part.

I am not familiar with this kind of stuff, so if you have hard evidence that
this would not be possible, please tell me about this.

> There have been famous English civil self-defences, like the McLibel 
> trial. I have tried to verify the above is still true today, but 
> there's not a match in the subject indices I have access to and I 
> can't construct a free text search which isn't drowned by irrelevant 
> matches (for example "represent yourself infringement" finds lots of 
> trademark information...).

Ok.

> I thought someone had previously claimed that the choice of venue was 
> not valid to a French court anyway?

May not be valid. The actual info i got is that in general it is not valid,
but there may be some exception in special cases.

But anyway, all this still doesn't make it non-free accordying to the DFSG.

Friendly,

Sven LUther