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

On Fri, Sep 16, 2005 at 03:53:56PM -0400, Michael Poole wrote:
> Adam McKenna writes:
> > The copyright holder can sue users (or even random people off the street, for
> > that matter) whether he put a choice of venue clause in his license or not.
> Please go back and read the rest of this thread, since your arguments
> were previously made and countered.  You argue that since choice of
> venue is a small (or putatively reasonable) cost or form of
> discrimination, it can be ignored; the DFSG do not allow that.

I don't feel that this argument was ever effectively countered. There's no
explicit cost or discrimination such as "send me five dollars" or "no
black people can use this software". Because of this, the argument is hazy.

You really need to justify it based on the basic freedoms that the DFSG is
meant to guarantee. Note that not costing money isn't one of those
freedoms. Nor is preventing travel or a prolonged stay. Justifying
non-freeness in terms of basic freedoms has been done to my personal
satisfaction in this case, but the fact that people constantly are falling
back on the cost argument shows that the word hasn't gotten out.

 - David Nusinow

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