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Re: Adobe open source license -- is this licence free?

On Thu, Jan 26, 2006 at 09:23:03AM +0400, olive wrote:
olive> >This is a choice of venue and is considered non-free by many
olive> >debian-legal contributors (including me...).
olive> >
olive> >In a nutshell, this choice of venue discriminates against people who
olive> >live far away from Santa Clara County, California, USA and thus fail
olive> >DFSG#5. Those people can be forced to travel around the planet in order
olive> >to defend themselves in a dispute raised by the copyright holder.
olive> I am not at all convinced. First, I wonder if this choice of venue is 
olive> legal. You must be aware of the fact that any condemnation of US 
olive> tribunal cannot have any effect outside of the U.S.

That is not totally correct. First, choice of venue clauses are, as a
rule, totally legal. Second, the judgement won't be directly
enforceable in other countries, but in non-controversial cases (by
controversial, I'm thinking Yahoo! and the like), it is quite easy to
get a judgement called (in Europe anyway) an exequatur which renders a foreign
judgement enforceable. So let's not dismiss such a clause as ineffective.

olive> Anyway even without this choice of venue, I do not see anything 
olive> preventing Adobe from suing someone in an U.S. tribunal; so the argument 
olive> is in my opinion fundamentally flawed. 

Now I agree with you on the fact that these clauses aren't all that


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