Re: Adobe open source license -- is this licence free?
Raul Miller writes:
> On 1/28/06, Glenn Maynard <firstname.lastname@example.org> wrote:
> > Harrassing lawsuits are the extreme case. It's a similar problem with,
> > for example, honest but incorrect claims. I don't see why the licensor
> > should get to override the venue in *any* case where he's the one
> > instigating the lawsuit.
> So what "honest but incorrect claims" does this license allow
> that could be problematic? In the sense of alleging specifc
> I'm just not seeing it.
In the "honest but incorrect claims" case it requires fee-shifting
from the mistaken plaintiff to the innocent defendant. These costs
are significantly higher than they need be in the absence of a
contractual choice of venue. (When the claims really are honest but
incorrect in the US legal system, the defendant cannot recover costs.
Other countries vary.)