On Fri, Jan 27, 2006 at 12:34:13AM +0100, Yorick Cool wrote: > Glenn> > Michael> I do not miss that point at all; I think that the default > rules of law > Glenn> > Michael> are preferable to the imposition of a forum selected by the > Glenn> > Michael> licensor. > Glenn> > > Glenn> > And why is that, if the effects are the same? Is it just out of some > Glenn> > kind of irrational hatred of licensors? > Glenn> > Glenn> Unless the law says that the venue will be the home turf of the > copyright > Glenn> holder in all cases, the effects *are not the same*. > > It is very much possible that such is the case in some venues. In > fact, I have a feeling it is the case somewhere, but I can't remember off the > top of my head where.
The only way the effects could be the same is if they were the same in *all* jurisdictions. Otherwise, it's not the same. > The thing you keep missing and refusing to answer is that in the real > world, there are laws saying approximately everything that is > possible. So by default, some licensees will have to fly to > California, and some won't. That is not an optimal solution. The > situation with a choice of venue is not optimal either. Hence, nothing > really distinguishes them enough to consider one situation as free and the > other as non-free. Choice of venue is replacing the "not optimal" situation with the "worst possible" case; rather than only some people being forced to deal with a far-away jurisdiction, now every defendant has to. I don't see how that's an improvement. > If it is a condition to enjoy the use of the software, then no. But in > case you didn't notice, you don't have to fly to California to enjoy > the software with the choice of venue clause. Agreeing to the condition--the choice of venue--is a condition to receive the license to the software. If you don't agree to the choice of venue, then you don't get the license. Any condition to receiving the license is a restriction on the permissions granted by that license, making choice of venue very much encompassed by the DFSG and within the scope of Free Software's concern. -- Glenn Maynard -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
