Approval Requested for AFL 1.2 and OSL 1.1

Nathan Kelley digitaleon at
Sat Nov 23 23:43:01 UTC 2002

To OSI License Discussion subscribers,

>> From: Mahesh T Pai <paivakil at>,
> From: Lawrence E. Rosen <lrosen at>,

>> Almost every country specifies that suits for damages should be 
>> brought at the place of residence / business of the defendant.  You 
>> can rarely contract out of that.
> That is exactly what I want to contract out of, and I can in many 
> jurisdictions.  Licensors shouldn't be burdened by having to go to 
> courts all over the world where their licensees happen to be.  
> Licensees have the choice of licensors, not the other way around, in 
> open source software situations.

My question is, have those clauses that specify the jurisdiction in 
which all legal matters are handled for a particular package ever been 
upheld? Have they ever needed to be? Once again we come back to the 
value of case law.

Cheers, Nathan.

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