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

[Michael Poole <mdpoole@troilus.org>]

Marco d'Itri writes:

> david_nusinow@verizon.net wrote:
>
>>Basically, the clincher for me is that our mirrors can't simply carry the
>>software we distribute without coming under some fair degree of risk due to
>>this issue. 
> This would not be enforceable anyway, at least in sane jurisdictions.

Why would it not be enforceable?  In the USA, choice of venue clauses
are more likely to be upheld than struck down (The Bremen v. Zapata
Off-Shore Co., 407 U.S. 1 (1972): "such clauses are prima facie
valid", and Carnival Cruise Lines, Inc v. Shute, 499 U.S. 585, 593
(1991) where cookie-cutter choice of venue was upheld).  Even if you
think the US is an insane jurisdiction, I think it is unreasonable and
contrary to patent-related precedent to ignore its legal situation.

Michael Poole