Common Public License
Ravicher, Daniel B.
DRavicher at brobeck.com
Wed May 23 19:40:35 UTC 2001
The clause only says which law applies, it doesn't limit where cases can be
held. It is not uncommon for courts in , say California, to decide a case
under New York law. Lastly, the enforceability of such governing law
provisions depends upon the Choice of Law rules of the particular
jurisdiction where litigation is filed. Also, the enforceability of the
other provisions within the CPL depends upon contract law, which differs
significantly from state to state. Therefore, there may have been specific
reasons why New York law was chosen over other states.
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mailto:dravicher at brobeck.com
From: Michael Cochran [mailto:michael_cochran at sil.org]
Sent: Wednesday, May 23, 2001 11:25 AM
To: license-discuss at opensource.org
Subject: Common Public License
We have noticed that the common public license states:
"This Agreement is governed by the laws of the State of New York
and the intellectual property laws of the United States of America.
No party to this Agreement will bring a legal action under this
Agreement more than one year after the cause of action arose. Each
party waives its rights to a jury trial in any resulting
What if your company is not based in the State of New York? Maybe it
should say "of the state of residence" or something
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