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Re: BitTorrent Open Source License (Proposed Changes)

Michael K. Edwards writes:

> Anyway, as to personal jurisdiction -- this is a legal principle lost
> in the mists of time, adapted in modern times to fit the realities of
> commerce without personal contact.  A "choice of venue" clause is not
> In sum, trying to shoehorn any of the warranty / liability / breach of
> contract calculus into a box marked "fee", in order to test it against
> DFSG #1, is almost as silly as calling it "discrimination" for the
> purposes of #5 or #6.  This is all about risk management, and where
> the risks are not routine, I agree with Sean that relying on risk
> assessment by a self-selected crew of ideologues with brazen contempt
> for real-world law and no fiduciary relationship to anyone is not too
> swift -- whether or not they have law degrees (or university chairs in
> law and legal history).  Not all debian-legal participants deserve to
> be tarred with that brush, but the ones who do are numerous enough and
> loud enough to give me pause.

All rambling and ad hominem attacks aside, DFSG analysis is not at all
about risk; it is about determining whether or not the license imposes
non-free restrictions or requirements on licensees.  Argument from
authority will not change that, particularly since it is unclear that
anyone has -- or will ever have -- relevant experience in law or
fiduciary duty you specified.

Michael Poole

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