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

Scripsit "Jennifer Brown" <jmishka@excite.com>

> In conclusion it seems that just because a venue/forum selection
> clause exists does not in-and-of-itself mean that it will hold up in
> court.  Because there are many other factors (like minimum contacts,
> Long-Arm Statutes, foreseeability, superseding legislative laws,
> service of process, precedent within the Federal circuit, etc) that
> are considered when deciding if venue (forum clause or no) is
> \223fair and reasonable.\224

I don't think the ill effects of a choice-of-venue clause are defused
simply because it _may_ not hold up in court. As long as there is any
risk that it _will_ make a difference in court, it constitutes a
burden for the licensee and should be considered non-free.

Henning Makholm                  The burning swoosh shall be our emblem, and
                            we shall laugh in the face of trademark lawyers.

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