On 1/26/06, olive <[EMAIL PROTECTED]> wrote: > I am not at all convinced. First, I wonder if this choice of venue is > legal.
I think the question is not whether it's legal, but whether it's relevant. In some cases it is (for example, if someone takes action against Adobe based on that license), in some cases it won't be (for example, if someone takes action against Adobe for some other reason). If Adobe takes action against someone else for violating the license, the other party can dispute that the license... That said, on re-reading the clause in question, it's pretty clear that it's talking about choice of law. The way it's written it also seems to imply choice of venue, but ... well, here it is: 6. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes and laws of the State of California, without regard to the conflicts of law principles thereof. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Any dispute arising out of or related to this Agreement shall be brought in the courts of Santa Clara County, California, USA. So the California anti-SLAPP is very clearly relevant in the context of this contract, and it doesn't really matter that the license says that Adobe will bring it's disputes to the courts of Santa Clara Count, CA. Even if the license didn't specify where Adobe brings its disputes, Adobe would be free to take its disputes there. Note also that the license doesn't say which judges get to resolve these disputes or even which judges get to hear them. In other words, I don't see anything here which violates the law. -- Raul