Request for approval: EUPL (European Union Public Licence)
nelson at crynwr.com
Sun Mar 16 00:00:33 UTC 2008
John Cowan writes:
> We have consistently accepted licenses that required a particular choice
> of law. We shouldn't change that now.
We should be careful to distinguish between a choice of law and a
venue for jurisdiction. A license is (pace Moglen) a contract, and a
contract is free to agree any conscionable terms. I can easily see
two aggrieved parties, licensor and licensee, both of of whom live in
the same non-EU country, agreeing to binding arbitration in their own
country interpreting the license according to EU law.
It's no stranger an idea than a contract which requires binding
arbitration under the rules of the AAA (American Arbitration
Association, http://www.adr.org/ ).
--my blog is at http://blog.russnelson.com | Software that needs
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