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Re: Choice-of-venue and forking

On Mon, Sep 12, 2005 at 12:11:30PM +0200, Bernhard R. Link wrote:
> As choice-of-venus was recently dicussed heavily, and mainly
> costs of directly licensors discussed, I wanted to ask the
> more knowing ones what effects this will have in the most
> jurisdictions when forking code with such a clause in the license.
> If neighter the licensee nor the licensor are any more in
> the jurisdiction choosen by the clause, what will happen?
> Will simply the normal rules apply, or will both have to
> travel to the remote place, will that even be able to
> open an case?

It seems to me that the answer depends on whether the original license
allows derivers to distribute their own code under a modified license
(i.e., with the choice of venue clause changed to something more
appropriate).  If it does, then this isn't a problem; you just pick a
more suitable venue to apply to your portion of the work.  If it
doesn't, then you can always dual-license your work, but I guess that
still leaves open the possibility that your licensee will choose to take
you to court under the terms of the *original* license instead of your
modified license...

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
vorlon@debian.org                                   http://www.debian.org/

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