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

[lex@cc.gatech.edu]

> > Ok, this seems indeed similar to what i was told. Now, what would be the
> > legality of that claim in the licence ?
> 
> I think that such a clause would be binding in the USA.  Courts have
> held that choice of venue clauses in "click-through" agreements are
> binding (Groff v America Online in RI Superior Court, 1998), so I
> suspect a copyright-based license clause would also be binding.
> 

I did a little web searching on this, and it seems that many courts do
reject choice of venue clauses if they are clearly abusive.  Here's a
clear statement of it:


"Generally, a choice of forum or venue clause will be upheld unless the
court concludes that the result would be unreasonable or unjust under
the circumstances. A court will decline to enforce such a clause only if
it fits into one of three exceptions to the general rule: (1) the clause
is a result of fraud or "overweening" bargaining power; (2) enforcement
would violate the strong public policy of the state; or (3) enforcement
would seriously inconvenience trial."
	
	--http://www.irinfo.org/Articles/article_3_2003_incollingo.pdf
	
The details, of course, would depend on the venue...


Lex