Common Public License

[Ravicher, Daniel B.]

Michael,

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.

Regards,
--Dan

Dan Ravicher
Brobeck, Phleger and Harrison, LLP
1633 Broadway, 47th Fl.
NY, NY 10019
p. 212.315.8032
f. 212.586.7878
mailto:dravicher at brobeck.com
http://www.brobeck.com/


-----Original Message-----
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
   litigation."

What if your company is not based in the State of New York? Maybe it
should say "of the state of residence" or something

Mike Cochran


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