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

[Sven Luther <sven.luther@wanadoo.fr>]

On Fri, Sep 09, 2005 at 11:46:04AM +0200, Marco d'Itri wrote:
> On Sep 09, Josselin Mouette <joss@debian.org> wrote:
> 
> > > It does not work this way. If you believe that a license is not free
> > > it's up to you explaining why.
> > Well, I'm explaining that it isn't free because of DFSG#5. However, it
> > seems that you are refusing such arguments de facto.
> I am refusing them as long as you cannot clearly show how DFSG#5 forbids
> some restrictions present in the CDDL.

Marco, 

Remember the DFSG are guidelines, and it is ultimately to the responsability
of the ftp-masters to take a decision, based on the DFSG, sure, but also on
other consideration, as well as potential (legal) risk for our infrastructure,
mirror network, and daughter-distribs and end-users.

But then, it seems it is clear that the CDDL discriminates against any group
of persons not living in the juridiction (juridiction is the same as
choice-of-law, right ?) of the author suing them, or at least it seems clear
that this is the argumentation used here.

Now, this applies to choice of venue, not sure about choice of law,maybe too,
but to a lesser degree, since it is possible that the defendant will have more
trouble finding a lawyer familiar with the laws of a foreign juridiction.

Now, i wonder what law and venue are applicable if no such clause is present ?

Friendly,

Sven Luther