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

[David Nusinow <david_nusinow@verizon.net>]

On Fri, Sep 09, 2005 at 09:55:24PM +0100, Andrew Suffield wrote:
> Not really interested in the case where you actually did infringe on
> the license. I don't think it's worthwhile to worry about whether we
> discriminate against such people.
> 
> Nuisance lawsuits are the canonical example of the important part
> here. That's the scenario where choice-of-venue is bad.

Ok, thank you for clarifying that. I think we need to consider the point
that Matthew has been raising though, that a choice of venue clause may be
important for a program author to successfully defend their copyright. If
the justification for this is to be grounded in the discrimination clause
of the DFSG, we can't choose to discriminate against the program's authors.
If this is to be grounded in the clause about not requiring a fee, we can't
require that the program's author be forced to take on the burden of such a
fee if they need to defend their copyright.

 - David Nusinow