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

[Arnoud Engelfriet <arnoud@engelfriet.net>]

Josselin Mouette wrote:
> I don't know about the US - and if this is enough to make a license
> non-free, this will give another reason to resurrect the non-us archive
> - but in other countries, the author could only sue the user in the
> latter's juridiction (if the "juridiction" word ever makes sense).
> Whatever is written in the license text will not change that.

The 1980 Rome Convention allows European citizens to choose any law:

Article 3 Freedom of choice

1. A contract shall be governed by the law chosen by the parties. The choice
must be expressed or demonstrated with reasonable certainty by the terms of
the contract or the circumstances of the case. By their choice the parties
can select the law applicable to the whole or a part only of the contract.
http://www.rome-convention.org/instruments/i_conv_cons_en.htm

There are only limited exceptions to the above rule.

As far as I can tell, a European licensee is free to agree with
a US author/licensor that US law (e.g. New York law) applies
to their license agreement.

Choice of *venue* is a bit more restricted, Europeans have the
right to go to their local court for any dispute. Of course a
US court may feel it has jurisdiction, which may make life
very interesting once a verdict has been issued and the European
person goes on holiday to the USA.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/