Gregg Reynolds <d...@mobileink.com> writes:
>>> It reduces the freedom of people in other jurisdictions.  These people,
>>> theoretically, could become subject to an alien legal system over which
>>> they have no control, no knowledge, and no access to lawyers versed in
>>> it.  This is a disincentive to use software restricted in this fashion.
>>
>>
>> So it seems, for non-US citizens, choosing a license that doesn't contain
>> a choice of law clause is the rational way to go.
>>
>
> Define rational.  To me, it looks like absence of a choice of law clause
> means I have no idea where I might end up in case of litigation. 

You can end up in litigation in any jurisdiction in which you operate,
with or without a choice of law clause. If I decide to sue you in
Germany, you cannot hold up a contract and say "no, it has to be in NY".
If the clause really did mean that, then it would be utterly
objectionable.

If you do not want to be subject to the law of a jurisdiction do not
operate it in. There is no contract which you can possibly write which
means that you are not subject to the law where you are.


> Name your favorite corrupt legal system here. With a choice of law
> clause at least you can be somewhat confident that the contract can be
> enforced under some semblance of the rule of law.

This makes no sense, again. If I sue you in a legal system which is
corrupt, I could just bribe them to ignore the choice of law clause.

Phil

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