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Re: Choice-of-venue and forking

On Mon, Sep 12, 2005 at 01:32:05PM +0200, Henning Makholm wrote:
> Scripsit "Bernhard R. Link" <brlink@debian.org>
> > 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?
> First, if both parties in a case agree to using a venue other than the
> one specified in the licence, it has no effect. (The parties, when
> agreeing, are always free to amend their earlier agreement at will).

> It is in general possible that the specified forum refuses to take the
> case if neither of the parties have a relevant connection to the
> country or state that sponsors the court

The second point here also applies to the first: the alternate venue
stipulated by the parties can tell them to go shove it. Any previously
agreed choice of venue clause *might* be a factor in this
decision. That's going to vary with the policies of the specific court
you're trying to take the case to.

It is possible (albeit not always the case) that the venue in the
license is the only choice you have.

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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