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Re: Choice-of-Venue is OK with the DFSG.



Sven Luther writes:

> On Thu, Aug 19, 2004 at 08:41:57AM -0400, Joe Moore wrote:
> 
> > Similarly, did you follow the Microsoft vs. Lindo*s issue?  Microsoft 
> > sued in US courts, failed to get an injunction, then "venue shopped" for 
> > a court that would give them the ruling they wanted, ending up in the 
> > Netherlands.  If Lindo*s could have argued that venue was improper 
> > because both companies are US companies, don't you think they would have?
> 
> Sure, but all of those are big companies, i am just a lone developer, i
> wouldn't even know where to look if SCO or Microsoft where to steal my code
> and be irrespectuous of the licence. And since i contributed some (very small)
> amount of linux source code, at least i could be suing SCO for not respecting
> the GPL, could i not, like IBM is doing ? Now if i could go to tribunal here
> and fill the suing, this would be well more costly, _and_ i would have much
> more faith in the impartiality of the judge, given the bad example of
> money-dominated courts you see in the US.

How, exactly, would that help you in the case of Linux, where there is
no choice of venue clause?  If you want contact information for SCO's
French office, it is easy to find on their web site[1].  You can sue
them there if you really think you have a case.

Free software is about empowering users and developers, not about
making lawsuits easy.  If you want that, you have plenty of
proprietary licenses to choose from.

[1]- http://www.sco.com/worldwide/fr.html took me about 30 seconds to
find, most of it waiting on a slow network.

Michael Poole



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