Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-08-02 Thread Anthony DeRobertis
On Sat, Jul 31, 2004 at 10:36:16AM -0700, Josh Triplett wrote: I believe that the legal systems of US states cooperate much more than those of different countries. Also, a dispute involving several states would probably be either escalated to federal court, or require you to appear in

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-31 Thread Anthony DeRobertis
On Jul 23, 2004, at 11:32, Sven Luther wrote: Ok, still do you think that a judge would have no consideration if the defendent is a poor student on the other side of the world, or otherwise has not the physical means to be present ? And in this case, how could the judge make the judgement

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-31 Thread Josh Triplett
Anthony DeRobertis wrote: On Jul 23, 2004, at 11:32, Sven Luther wrote: Ok, still do you think that a judge would have no consideration if the defendent is a poor student on the other side of the world, or otherwise has not the physical means to be present ? And in this case, how could the

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-25 Thread Sven Luther
On Sun, Jul 25, 2004 at 12:30:49PM +1000, Matthew Palmer wrote: On Sat, Jul 24, 2004 at 07:58:08PM +0200, Sven Luther wrote: On Sat, Jul 24, 2004 at 09:38:44AM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 09:11:07PM -0400, Walter Landry wrote:

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-25 Thread Josh Triplett
Sven Luther wrote: On Fri, Jul 23, 2004 at 12:25:16PM -0400, Michael Poole wrote: Sven Luther writes: The usual explanation is that it discriminates against people outside Well, any licence allowing the user to be sued discriminate against people not having the time or money to play legal

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-25 Thread Sven Luther
On Sun, Jul 25, 2004 at 10:16:08AM -0700, Josh Triplett wrote: Sven Luther wrote: On Fri, Jul 23, 2004 at 12:25:16PM -0400, Michael Poole wrote: Sven Luther writes: The usual explanation is that it discriminates against people outside Well, any licence allowing the user to be sued

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread lex
Sven Luther [EMAIL PROTECTED] wrote: The case at hand here applies to an hypothetical cost which you may encoure if you are violating the licence, or if upstream decides to become mad (or mad at you) and try lawsuit harrasment. See the difference. One is an immediate and incontournable cost,

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread lex
Ok, this seems indeed similar to what i was told. Now, what would be the legality of that claim in the licence ? I think that such a clause would be binding in the USA. Courts have held that choice of venue clauses in click-through agreements are binding (Groff v America Online in RI

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread Glenn Maynard
Cool, I'm arguing against both Lex and Luther. On Fri, Jul 23, 2004 at 10:21:02PM -0400, [EMAIL PROTECTED] wrote: I would point to an even more significant difference: the legal harrassment scenario cannot be avoided under any circumstances. No And because they're unavoidable, we should allow

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread Sven Luther
On Fri, Jul 23, 2004 at 09:11:07PM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 12:59:33PM +0200, Sven Luther wrote: | Choice of Law | | This license is governed by the Laws of France. Disputes shall be | settled by

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread Walter Landry
Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 09:11:07PM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: The cost of hiring a lawyer in france local to the Court of Versailles is probably less or similar to the cost of hirinig a lawyer of similar

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread Sven Luther
On Sat, Jul 24, 2004 at 09:38:44AM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 09:11:07PM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: The cost of hiring a lawyer in france local to the Court of Versailles is probably

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-24 Thread Matthew Palmer
On Sat, Jul 24, 2004 at 07:58:08PM +0200, Sven Luther wrote: On Sat, Jul 24, 2004 at 09:38:44AM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 09:11:07PM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: The cost of hiring a

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 12:59:33PM +0200, Sven Luther wrote: Upto now, the identified problems are threefold, so we can start subthread for analysing and discussing them separatedly. Please don't read to much into my tentative of concise sumary below for each of those, and argument clearly in

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 03:50:33PM +0100, MJ Ray wrote: On 2004-07-23 13:25:48 +0100 Sven Luther [EMAIL PROTECTED] wrote: The cost of hiring a lawyer in france local to the Court of Versailles is probably less or similar to the cost of hirinig a lawyer of similar competence and fluent

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread MJ Ray
Please do not cc me. I am subscribed. I have tried to respect your requests in the past. On 2004-07-23 16:00:10 +0100 Sven Luther [EMAIL PROTECTED] wrote: On Fri, Jul 23, 2004 at 03:50:33PM +0100, MJ Ray wrote: [...], the need to hire a lawyer local to Versailles is a significant

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 11:59:26AM -0400, Michael Poole wrote: Sven Luther writes: On Fri, Jul 23, 2004 at 11:21:22AM -0400, Michael Poole wrote: Examples of that are pre-trial conferences, where both sides must be physically present (either in person or through counsel) before the

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 05:55:16PM +0100, Edmund GRIMLEY EVANS wrote: Sven Luther [EMAIL PROTECTED]: And as said above, what about folk wanting to sue the ocaml authors based on the licence ? How would that work? How can you sue someone based on a unilateral permission that they gave

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 01:04:43PM -0400, [EMAIL PROTECTED] wrote: And as said above, what about folk wanting to sue the ocaml authors based on the licence ? I am not sure what in the license would give rise to a cause for action against the authors: it grants others more rights than they

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 04:33:04PM -0400, Michael Poole wrote: Sven Luther writes: On Fri, Jul 23, 2004 at 01:04:43PM -0400, [EMAIL PROTECTED] wrote: And as said above, what about folk wanting to sue the ocaml authors based on the licence ? I am not sure what in the license

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Edmund GRIMLEY EVANS
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

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Steve Langasek
On Fri, Jul 23, 2004 at 02:25:48PM +0200, Sven Luther wrote: | Choice of Law | This license is governed by the Laws of France. Disputes shall be | settled by the Court of Versailles. Ok, this is the last point of contention. The choice of laws seems to be

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Steve Langasek
On Fri, Jul 23, 2004 at 05:32:24PM +0200, Sven Luther wrote: Ok, still do you think that a judge would have no consideration if the defendent is a poor student on the other side of the world, or otherwise has not the physical means to be present ? You believe it's ok to assume all French

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Michael Poole
Sven Luther writes: live and work and do action X in Versailles, could someone sue you in Nice for doing X? I don't think so, unless contract law overrides it. Which is the question at hand here. Contract law can override that. That does not mean we have to accept that kind of override as

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 05:22:04PM -0400, Michael Poole wrote: Sven Luther writes: live and work and do action X in Versailles, could someone sue you in Nice for doing X? I don't think so, unless contract law overrides it. Which is the question at hand here. Contract law can

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread mdpoole
Sven Luther writes: On Fri, Jul 23, 2004 at 05:22:04PM -0400, Michael Poole wrote: Sven Luther writes: live and work and do action X in Versailles, could someone sue you in Nice for doing X? I don't think so, unless contract law overrides it. Which is the question at hand here.

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 05:36:57PM -0400, [EMAIL PROTECTED] wrote: Sven Luther writes: On Fri, Jul 23, 2004 at 05:22:04PM -0400, Michael Poole wrote: Sven Luther writes: live and work and do action X in Versailles, could someone sue you in Nice for doing X? I don't think so,

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 03:21:04PM -0700, Steve Langasek wrote: On Fri, Jul 23, 2004 at 11:29:25PM +0200, Sven Luther wrote: But again, the DFSG makes no provision whatsoever for this kind of things. So in general, you believe it's ok to inflict all kinds of risks on users who

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Steve Langasek
On Sat, Jul 24, 2004 at 12:42:43AM +0200, Sven Luther wrote: On Fri, Jul 23, 2004 at 03:21:04PM -0700, Steve Langasek wrote: On Fri, Jul 23, 2004 at 11:29:25PM +0200, Sven Luther wrote: But again, the DFSG makes no provision whatsoever for this kind of things. So in general, you

Re: ocaml, QPL and the DFSG: Choice of venue argumentation.

2004-07-23 Thread Sven Luther
On Fri, Jul 23, 2004 at 03:55:50PM -0700, Steve Langasek wrote: On Sat, Jul 24, 2004 at 12:42:43AM +0200, Sven Luther wrote: Well can you propose a real example of what we are considering here ? An example for which upstream sues an random user over the QPL. Also such a case were we