GPL: which country's law?
Paul Reilly
paul.reilly at 3glab.com
Thu Jun 21 16:21:14 UTC 2001
I speak as a systems integrator, located in the United Kingdom.
Unless I've missed something, the GPL V2 doesn't specify in which country's
courts any dispute should be heard. (By comparison, the Mozilla PL
specifies the courts of California; QPL specifies Norway, and so on).
Has anyone looked at where that leaves a systems integrator outside the US
who builds a product using, say, an American distribution of Linux? There
are a number of issues:
- If I want my own legal advisors to research GPL for the purpose of
compatibility with our own business model, should that be against the
framework of UK law, or is only US law relevant?
- Secondly (and this applies to US companies too), if I create a product
which in some way incorporates GPL code (whether that 'incorporation' be
very loose or very tight), and then I export it (maybe worldwide) what
country's laws am I subject to? Could a customer in country X decide that
his laws should apply, and choose to interpret GPL accordingly, possibly to
my serious disadvantage? The GPL only mentions the case of countries where
use of a program might be restricted by patents or copyright, but it
doesn't unfortunately cover the case where a country's courts might
interpret the linking (static vs dynamic) issue very differently from the US.
Could I get round this by creating some sort of wrapper around the GPL that
fills this vacuum and positively defines the country of law?
Many thanks,
Paul Reilly
3G LAB Ltd, Cambridge, UK
More information about the License-discuss
mailing list