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Re: Why is choice of venue non-free ?



On Fri, Feb 04, 2005 at 12:31:59PM +1100, Glenn L McGrath wrote:
> On Thu, 3 Feb 2005 22:50:01 +0000
> Andrew Suffield <asuffield@debian.org> wrote:
> 
> > I do not see how a free software developer trying to squeeze money out
> > of a megacorporation, and having to spend a bit extra to travel to
> > their country and do it (before a long and very expensive legal
> > battle), is equally unfair as a megacorporation picking on some random
> > user and giving them a choice between (a) an expensive trip halfway
> > around the world to appear in court and defend themselves against a
> > fraudulant lawsuit, that could only become a problem if they don't
> > show up to defend yourself, or (b) effective exile from the country in
> > question, because the case was decided against them due to the
> > defendant not appearing in court, and so visiting that country would
> > result in their arrest.
> > 
> > Somebody who is trying to 'enforce their copyrights' is always going
> > to have to spend a lot of money on it, and should be prepared to do
> > that; they can try to bill their travel costs to the defendant if they
> > win. A user should never have to be prepared to defend themselves
> > against this sort of crap, aside from the minimal response demanded by
> > a local suit. They just aren't in the same class.
> 
> bah...
> 
> A licence is practically meaningless is the copyright holder doesnt
> have the resources to defend it.

Thanks for classifying all my work as meaningless.  I'll just go and revoke
the licences on all my stuff, since they're meaningless.

> Your want to protect end users by make it harder for the individual
> copyright holders to defend their work.
> 
> Given that most free software is written by the little bloke, i consider
> your stance is counterproductive.

You'd do a lot better at this if you read the entireity of the message
you're responding to.  Litigating a copyright infringement claim is *always*
going to cost a pile of money.  If you'd like to froth about that, your
local legislature is over --> there.  We can't do anything about it.

What we can do is reduce the impact of the problem as far as possible, by
limiting the amount of hassle a malicious copyright holder can cause users
through the execution of frivolous lawsuits under a licence which specifies a
choice of venue.

- Matt

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