On Wed, Sep 07, 2005 at 08:40:18AM -0700, Rich Teer wrote:
> On Wed, 7 Sep 2005, Sven Luther wrote:
> 
> > Debian GNU/OpenSolaris, as it would be called, having a OpenSolaris kernel 
> > and
> > a GNU userland is not concerned by the GPL incompatibility of the CDDL, but
> > solely on the non-freeness of the CDDL, which seems to involve right now the
> > controversial choice-of-venue clause. At least if you want that effort to be
> > part of debian, and not create your own thing apart from it.
> >
> > Now, my opinion is that the choice-of-venue clause problem should be cut in
> > two, and leave the choice-of-venue to the defendant, as seems to be the
> > default in international contract law, but it would be nice to have real 
> > legal
> 
> What is the problem with the choice of venure clause?  I honestly don't 
> understand.
> 
> If I, as a resident of BC, Canada, release some code under the CDDL, the last
> thing I want to do is travel to God knows where (e.g., California) to protect
> my rights in a court of law.  A better example would be Casper, who lives in
> the Netherlands.  Why can't he, as the author of a piece of CDDL-licensed 
> code,
> chose the venue for lawsuits?

One of the debian mirror operators in <insert random country> can be sued by
Sun over the distribution of Debian GNU/OpenSolaris, and have to go to the
expense to go to the Sun chosen court.

This is, in my opinion, not freedom related, but debian is a volunteer
organisation, and can't afford to take such risks either for our
infrastructure, our individual developers, our mirror network, debian based
distributions, or even the end-user, so it is a problem for debian.

Friendly,

Sven Luther

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