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

On Fri, Sep 09, 2005 at 05:17:06PM -0400, David Nusinow wrote:
> 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.

Notice that the CDDL says :

  with the losing party responsible for costs, including, without limitation,
  court costs and reasonable attorneys’ fees and expenses

how does that modify our acceptance of the choice-of-venue ?


Sven Luther

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