Re: Choice-of-venue and forking
On Mon, Sep 12, 2005 at 01:32:05PM +0200, Henning Makholm wrote: Scripsit Bernhard R. Link [EMAIL PROTECTED] I wanted to ask the more knowing ones what effects this will have in the most jurisdictions when forking code with such a clause in the license. If neighter the licensee nor the licensor are any more in the jurisdiction choosen by the clause, what will happen? First, if both parties in a case agree to using a venue other than the one specified in the licence, it has no effect. (The parties, when agreeing, are always free to amend their earlier agreement at will). It is in general possible that the specified forum refuses to take the case if neither of the parties have a relevant connection to the country or state that sponsors the court The second point here also applies to the first: the alternate venue stipulated by the parties can tell them to go shove it. Any previously agreed choice of venue clause *might* be a factor in this decision. That's going to vary with the policies of the specific court you're trying to take the case to. It is possible (albeit not always the case) that the venue in the license is the only choice you have. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -- | signature.asc Description: Digital signature
Choice-of-venue and forking
As choice-of-venus was recently dicussed heavily, and mainly costs of directly licensors discussed, I wanted to ask the more knowing ones what effects this will have in the most jurisdictions when forking code with such a clause in the license. If neighter the licensee nor the licensor are any more in the jurisdiction choosen by the clause, what will happen? Will simply the normal rules apply, or will both have to travel to the remote place, will that even be able to open an case? Hochachtungsvoll, Bernhard R. Link -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
Re: Choice-of-venue and forking
On Mon, Sep 12, 2005 at 12:11:30PM +0200, Bernhard R. Link wrote: As choice-of-venus was recently dicussed heavily, and mainly costs of directly licensors discussed, I wanted to ask the more knowing ones what effects this will have in the most jurisdictions when forking code with such a clause in the license. If neighter the licensee nor the licensor are any more in the jurisdiction choosen by the clause, what will happen? Will simply the normal rules apply, or will both have to travel to the remote place, will that even be able to open an case? It seems to me that the answer depends on whether the original license allows derivers to distribute their own code under a modified license (i.e., with the choice of venue clause changed to something more appropriate). If it does, then this isn't a problem; you just pick a more suitable venue to apply to your portion of the work. If it doesn't, then you can always dual-license your work, but I guess that still leaves open the possibility that your licensee will choose to take you to court under the terms of the *original* license instead of your modified license... -- Steve Langasek Give me a lever long enough and a Free OS Debian Developer to set it on, and I can move the world. [EMAIL PROTECTED] http://www.debian.org/ signature.asc Description: Digital signature
Re: Choice-of-venue and forking
Scripsit Bernhard R. Link [EMAIL PROTECTED] I wanted to ask the more knowing ones what effects this will have in the most jurisdictions when forking code with such a clause in the license. If neighter the licensee nor the licensor are any more in the jurisdiction choosen by the clause, what will happen? First, if both parties in a case agree to using a venue other than the one specified in the licence, it has no effect. (The parties, when agreeing, are always free to amend their earlier agreement at will). If they *don't* agree and one of the parties try to file suit in a non-specified forum, the defendant can argue to have the case thrown out of court, citing the choice-of-venue clause. In some jurisdictions the judge will have the possibility to overrule this objection if the defendant cannot demonstrate a legitimate interest in having the case moved (i.e., if the suit is filed in the defendant's home court, a request to move it halfway around the world may just be obstructionism). It is in general possible that the specified forum refuses to take the case if neither of the parties have a relevant connection to the country or state that sponsors the court. If that happens, the choice-of-venue clause will effectively be void (and then cannot be used by the defendant to block litigation in the default forum, unless the latter forum's rules are completely insane). -- Henning Makholm sh: line 1: fortune: command not found -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
