Re: Adobe open source license -- is this licence free?
Jeremy Hankins writes:
> Steve Langasek <vorlon@debian.org> writes:
>
> > Have you never heard of the concept of a SLAPP suit? The difference
> > in cost to a corporation like Adobe with a standing legal team between
> > me suing them in their home court and me suing them in my home court
> > is negligible. The difference in cost to *me* between Adobe suing
> > *me* in my home court vs. their home court is *not* negligible. The
> > difference in cost to Adobe between bringing harrassment suits against
> > 200 mirror operators separately in their respective jurisdictions, and
> > bringing one suit against all two hundred in Adobe's home jurisdiction
> > is *also* not negligible.
>
> For many folks -- and probably most people in the world -- the
> difference between being sued by Adobe in California and being sued by
> Adobe in their home jurisdiction is actually negligible. Perhaps not in
> terms of dollar amounts, but in terms of ability to pay, both are
> completely out of reach without help. Adobe is as capable of using
> harassing lawsuits to get their way without this clause as they are with
> it. So far, I haven't seen any arguments against this claim.
This is not about ability to pay damages; clearly, we should not make
freeness decisions to help those who infringe a license. It is about
defending against the suit itself, before any liability is determined.
It is significantly easier to defend against a suit near you than one
far away. For example, being in a local court makes it at least
possible to represent yourself, and US courts (I have no knowledge of
other court systems) go out of their way to help those who cannot
afford to hire lawyers.
Michael Poole
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