Re: is the "lucent public license" DFSG-free?
"Josselin Mouette" <firstname.lastname@example.org> wrote in message
party to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
I'm not sure I understand what this clause means. What if there is no
jury for the trial?
All this means is that should a trial arise, neither side will request a
jury to decide
the questions of Fact. If no jury is requested, the default is a bench
trial, where the judge
decides the questions of fact in addition to the questions of law.
Jury trials have advantages and drawbacks. Specifically one needs to
convince many people of your veiw, none of whom
have a written record that may indicate what type of argument may best
persuade them. As such some companies view juries
as a bit of a wildcard. Therefore they prefer bench trials. Lastly, juries
can sometimes be pursuaded to rule in a way incositant with the law given
the facts. This can be entirely untintential on the part of the jury. This
is generally not an issue with a bench trial.