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



In message <20070603115140.GC3000@borges.dodds.net>, Steve Langasek <vorlon@debian.org> writes
On Sun, Jun 03, 2007 at 12:25:14PM +0200, Wouter Verhelst wrote:
Additionally, personally I don't think it's unreasonable for people to
say "if you use my software in a way that I didn't want you to, I'll sue
you in a court that works by a set of rules that I'm actually
comfortable with". You know, it makes fighting those who do not follow
your license the way you intended them to quite a bit easier.

That's a strawman.  The objection raised to choice-of-venue clauses is not
what they specify to happen when the licensee has *infringed* the license,
it's what they specify to happen when the licensee *hasn't* infringed the
license but the copyright holder files a lawsuit against them anyway out of
malice.

Thing is, in most (non-American) civilised jurisdictions, the copyright holder is likely to get their knees put seriously out of joint by a very upset judge.

I'm in the UK, and if I wasn't but the choice of venue specified "England and Wales", I'd probably have a very nice holiday at the copyright holder's expense :-)

Look at SCOG and how they got dealt with in Germany ...

That said, I don't like venue clauses. In the UK, as a private person it is pretty much automatic that if I'm sued, I get to specify venue.

Cheers,
Wol
--
Anthony W. Youngman - anthony@thewolery.demon.co.uk



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