jurisdiction and venue
cowan at ccil.org
Tue Jul 31 03:58:52 UTC 2007
Russ Nelson scripsit:
> Ned Lilly writes:
> > Are you permitted to change the jurisdiction and/or venue in an
> > OSI-approved license? For example, if I wanted to use the new
> > CPAL, I see that it is governed by California law, and the venue
> > for any litigation would be Santa Clara County.
> No, you can't change it. The license author expects their language to
> be construed according to California law and the District Court that
> Santa Clara lies in.
That blurs the distinction between choice of law and jurisdiction/venue.
It's reasonable to say that if a license requires that it be interpreted
by California law, mutating it to apply New Jersey law instead produces a
fundamentally different license. But merely saying that the jurisdiction
lies with the courts of New Jersey (which will apply California law when
interpreting the license), or that the case will be tried in New Jersey,
is not a change of the same type.
But that, he realized, was a foolish John Cowan
thought; as no one knew better than he cowan at ccil.org
that the Wall had no other side. http://www.ccil.org/~cowan
--Arthur C. Clarke, "The Wall of Darkness"
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