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

[Glenn Maynard <glenn@zewt.org>]

On Fri, Feb 10, 2006 at 07:21:44PM -0500, Anthony DeRobertis wrote:
> If that is were actually what they wrote, I think a lot more people here
> would be willing to accept it. E.g, they could have said:
> 
> 	Any dispute arising out of or related to this Agreement
> 	shall be brought in the courts of the jurisdiction in
> 	which the defendant resides.
> 
> However, they did not say that.

This still affects claims made by the licensor against a licensee.  On
its face, it doesn't seem as big a deal, since it ends up near the licensee.
But as a user of the software, merely using or distributing the software
should not subject me, if I become a defendant, to the licensor's notions
of correct venue law.

Compare to:

> 6.5 This Licence is governed by the law of Scotland and the parties
> accept the exclusive jurisdiction of the Courts of Scotland to
> decide any action or claim directed against the Licensor.

which is clearly only for claims against the licensor.  However, the
explicit naming of venue seems like a problem if the program is forked[1].

So, how about (IANAL):

       Any dispute arising out of or related to this Agreement
       against the Licensor shall be brought in the courts of the
       jurisdiction in which the defendant resides.

(I'm not sure, however, if "resides" is a legally meaningful term, when
the defendant isn't an individual.)


[1] Message-Id: <200601260323.54928.neroden@twcny.rr.com> and followups.

-- 
Glenn Maynard