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Re: RPSL and DFSG-compliance - choice of venue



On Tue, Jul 27, 2004 at 11:52:42PM -0400, Glenn Maynard wrote:
> It can help, though.  There are multiple discussions going on here:
> 1: "does DFSG#1 only prohibit fees, or other stuff, too?  What's a
> fee?  Where's my dictionary?"; and 2: "is choice of venue an onerous
> restriction?"  I believe #2 is the important question, and that #1 is
> rules lawyering, a waste of time.  We might be able to reduce #1 with
> modifications like these, making it clear that: no, this isn't a bright
> line test, and yes, judgement is required.

Indeed. Perhaps a more organized body of "caselaw" as it were would help
provide better judgement. Wading through mounds and mounds of posts over the
years makes it difficult to provide evidence from prior experience for
judgement. The FAQ is good obviously, but maybe a sort of collection of final
summaries would be helpful?

> I don't think these types of amendments are what David and Steve M have
> in mind, though; I think they're aiming to reduce #2, as well, and that's
> hard to do without either special cases, or new generalizations that may
> backfire.

I feel like there has to be a way to do it properly without simply saying "no
choice of venue clauses are allowed." Why are they not allowed, and what other
sorts of clauses could this reasoning be applied to? I think the answers to
these questions are the key to the problem. I wish I'd been following the
choice of venue debate more closely to pose decent answers myself, but Sven's
fillibuster made that impossible.

 - David Nusinow



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