Re: [Fwd: Debian and CDDL and DFSG]
MJ Ray wrote On 2006-08-09 11:56,:
Martin Man <Martin.Man@Sun.COM> wrote:
I could find only a lot of FUD and inconsistencies on various blogs wrt/
"choice of venue" paragraph present in CDDL.
Different people have different opinions. That should not surprise anyone.
We are not a group-think corporation presenting a party line.
fair enough, but if ftpmasters decide on inclusion/exclusion of certain
software, there should at least be common consensus concerting certain
I don't think you should dismiss the venue problem as mere FUD so quickly.
For a licensor as big as Sun to require developers to travel thousands of
miles apparently on a whim is at best abusive and at worst a fee. If
people are misunderstanding the venue clause (remember, U is uncertainty),
then please explain, not flame.
I do understand it in this way:
- c-o-v as required by paragraph 9. of CDDL is "a note attached to the
license itself", to my understanding you can put there any jurisdiction
you want (you "as the author or contributor"), and yes, it's there to
predict and ensure that case will be treated properly (according to the
state of law in a jurisdiction you put to the clause)
- GPL does not have such c-o-v clause at all, which means that I can
take anyone to any court I decide to, so to me, if I want to sue you,
GPL gives me even more chance to manipulate the case and choose the
jurisdiction that will give me most advantages in my case.
Hope that explains,