Sven Luther <[EMAIL PROTECTED]>: > > How would that work? How can you sue someone based on a unilateral > > permission that they gave you? > > Because upstream used one of your modification in a private version of the > software, without including it in the QPLed version for example ?
Isn't that more a case of you suing upstream for copyright infringement and upstream perhaps using the licence in their defence and perhaps not? I don't know enough about judicial procedure (massive understatement) to be able to guess what might happen in a case like this: A: We are suing you in country X for copyright infringement. B: You can't sue us in country X because we granted you a licence which contains a choice-of-venue clause specifying country Y. A: Our case does not rely upon that licence. If you think you can use that licence in your defence by all means try it. See you in court in country X.
