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Re: discussion with the FSF: GPLv3, GFDL, Nexenta

In message <20070525150900.GA24912@bitsy-cocoa.dyndns.org>, Nathanael Nerode <neroden@fastmail.fm> writes
  the losing party responsible for costs, including, without
  limitation, court costs and reasonable attorneys' fees and
Haven't heard much if any comment on this.

Dunno what UK law actually is on this, but I'd say this was *very* unfree.

While our system has a strong "loser pays" *presumption*, we regularly have cases where it ends up "winner pays"!

You would probably find this is unenforceable in the UK, and even if the choice of *law* was "US law", a UK court probably would award costs against the winner if that was normal UK procedure.

(This situation normally arises when a defendant tries to settle, and in the end a trial awards lesser damages than the defendant's offer to settle. This has been known to bankrupt plaintiffs on occasion...)

Anthony W. Youngman - anthony@thewolery.demon.co.uk

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