Request for approval: EUPL (European Union Public Licence)

Russ Nelson nelson at
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, ).

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