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Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

On Thu, Sep 08, 2005 at 05:04:00PM +0200, Lionel Elie Mamane wrote:
Lionel> >>> The application of the
Lionel> >>>    United Nations Convention on Contracts for the International Sale
Lionel> >>>    of Goods is expressly excluded.
Lionel> Yes, but what does it *say*? What are the consequences of it being
Lionel> applicable?

Well, a whole bunch of stuff ;-) Basically, it clarifies outstanding matters in which
countries have widely different conceptions of contracts: formation, hardship, etc. It's
not bad, really, because it takes an unformal approach to contracts: no need for written
contracts, usages are to be incorporated, etc. And it helps solve the typical problems that
arise when two sets of law might apply.

Now, I'll have to add that to me, it shouldn't apply most of the time to software
licenses  because it applies
to *sale of goods*, and to me a software license has nothing to do with sale of goods. But,
it seems that in some countries there are people who dispute that, so it might be better to be safe than sorry, even though,
as I said, there's not much to fear in the convention.

My point was mainly that the Vienna Convention was more relevant than the Wallonia act of 1963
on typewriting or whatever the original example of daft legislation was.

Lionel>  And for my education: Does it apply to "international" intra-European
Lionel>  contracts?
Lionel> )

Yep, if they qualify as sale of goods. 

For those interested, here's a link to the convention.


Yorick Cool
Chercheur au CRID
Rempart de la Vierge, 5
B-5000 Namur
Tel: + 32 (0)81 72 47 62 /+32 (0)81 51 37 75
Fax: + 32 (0)81 72 52 02

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