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

On Fri, Sep 09, 2005 at 03:35:20PM +0100, Matthew Garrett wrote:
Matthew> The legal system discriminates in favour of rich people. That's true
Matthew> regardless of license conditions.

Although I don' dispute this assertion per se, the problem at hand is that *geography*
necessarily discriminates in favor of people who are closer to such or such jurisdiction.
Such a discrimination will necessarily occur. I do not see the difference in the degree of
discrimination whether the determination of the group discriminated against is left to
international private law or a license.

The only argument I can see against choice of venue clauses is that if you distribute your
software on a worldwide basis, then you'll have to expect to enforce it's license on a worldwide
basis or to not enforce it in certain regions. 

Of course, that line of reasoning might have a chilling effect on small
companies/individual developers. 

I don't really think there's a perfect solution as regarding discrimination on this issue.

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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