Approval Requested for AFL 1.2 and OSL 1.1

John Cowan jcowan at
Wed Nov 6 21:00:06 UTC 2002

Henry Pijffers scripsit:

> How good do you think it is for us Europeans and other non-US
> residents?

International copyright law is pretty uniform.  Since the license was
drawn up in the U.S., the chances are good that any Berne Convention court
(which means just about any court nowadays) will apply U.S. canons of
interpretation to it.

> And on a sidenote, I don't like licenses that designate a specific 
> court of law. I ain't gonna go to the US of A to defend my rights.

Say what?  The OSL says:

# 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
# arising under or relating to this License shall be maintained in the
# courts of the jurisdiction wherein the Licensor resides or in which
# Licensor conducts its primary business, and under the laws of that
# jurisdiction excluding its conflict-of-law provisions. The application
# of the United Nations Convention on Contracts for the International Sale
# of Goods is expressly excluded. Any use of the Original Work outside the
# scope of this License or after its termination shall be subject to the
# requirements and penalties of the U.S. Copyright Act, 17 U.S.C. A^? 101
# et seq., the equivalent laws of other countries, and international
# treaty. This section shall survive the termination of this License.

So both the law to be used and the courts to be used depend on the
location of the licensor.

A mosquito cried out in his pain,               John Cowan
"A chemist has poisoned my brain!"    
        The cause of his sorrow       
        Was para-dichloro-                      jcowan at
Diphenyltrichloroethane.                                (aka DDT)
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