On Fri, Jul 16, 2004 at 08:37:13PM +0000, Jim Marhaus wrote: > Lex Spoon wrote: > > > Why do you think *real* lawyers seem to be okay with such clauses? > > Sometimes parties in a uniformly constructed contract agree to a particular > venue, perhaps because both are qualified to practice law there. In a free > software license or commercial EULA however, the licensee is not at liberty to > negotiate, so the venue clause is wholly to the advantage of the licensor. In > a > review of section 2B-108 in UCITA, the American Law Institute describes the > exercise of such unilateral forum clauses as a "perversion of the notions of > freedom of contract":
[snip] Mr. Marhaus: I'm afraid your response was far too scholarly and informed to be taken seriously by anyone who feels that choice-of-law or -venue clauses are just fine by the DFSG. Must you insist on embarrassing people? (Pbatenghyngvbaf, lbh unir pbeerpgyl vasreerq gur fnepnfgvp angher bs guvf cbfg. ;-) ) -- G. Branden Robinson | It's not a matter of alienating Debian GNU/Linux | authors. They have every right to [EMAIL PROTECTED] | license their software however we http://people.debian.org/~branden/ | like. -- Craig Sanders
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