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Re: Why is choice of venue non-free ?

On 03 Feb 2005 08:28:36 -0500
Michael Poole <mdpoole@troilus.org> wrote:

> There are several arguments why choice of venue violates the DFSG.
> The first, relatively weak (since it is not clearly based in the DFSG)
> is that having to defend yourself in a foreign jurisdiction acts as an
> improper fee or charge for using the software.

Its just as unfair to make it harder for open source copyright holders
to enforce their copyrights.

> A stronger one is that it discriminates against persons who are not
> naturally subject to the chosen jurisdiction, breaching DFSG#5.

hmm, so if parts of the license arent enforcable in the licencees
jurisdiction, then a "choice of venue" clause could be used to drag
people into a jurisdiction that they are enforcable...

> In common law countries, enforceable choice of venue generally
> requires a contract[1], and some believe that no license can be
> DFSG-free if it contains provisions enforceable only by contract.
> (Perhaps because contracts require that both sides give consideration,
> and the DFSG generally is about the copyright owner giving to the user
> rather than the other way around.)

Interesting... but isnt this more a point that a "choice of venue" clause
may be irrelevent in some jurisdictions, in which case it shouldnt effect
wether its DFSG free or not.


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