Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...
On Saturday 10 September 2005 02:48, David Nusinow wrote:
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> If someone is going to file a lawsuit, someone has to pay for it. If the
> two sides live in different places, one of them has to travel no matter
> what, and thus pay for that expense. If we say that choice of venue clauses
> aren't Free, then the person bringing the suit will very likely have to
> travel and pay the fee (or that's my interpretation of Humberto and Michael
> Poole's responses). If not, then the person defending the suit will have to
> pay the fee. Either way, there is a cost involved. Why are we choosing
> sides if such a cost can't be avoided?
The travel fee is the little problem or that is where your problem arises. You
might not even travel anywhere or they can pay it to sue you in an insane or
biased jurisdictions all over the globe (you accepted the venue clause). In
cases like that they can easily have back their previously paid fees multiple
times making your life (and probably the life of thousand users) miserable.
It is not feasible the know for sure which jurisdictions are sane and how
they change over the time. I personally do not think I'll accept such clauses
ever.
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