Subject: Re: jurisdiction and venue
From: Russ Nelson <>
Date: Mon, 30 Jul 2007 22:38:48 -0400

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.

I would note that the Microsoft licenses specify neither jurisdiction
nor venue.  Possible that they don't care where they get sued because
they're everywhere.  On the other hand, you could get sued somewhere
where copyright violations are punishable by death.

NO obvious solution lying around.

Or, rather, all the obvious solutions create worse problems.

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