On Tue, Jun 08, 2004 at 10:30:09PM +0000, Jim Marhaus wrote: > | With respect to disputes in which at least one party is a citizen of, or an > | entity chartered or registered to do business in the United States of > America, > | any litigation relating to this License shall be subject to the > jurisdiction of > | the Federal Courts of the Northern District of California, with venue lying > in > | Santa Clara County, California, with the losing party responsible for costs, > | including without limitation, court costs and reasonable attorneys' fees and > | expenses.
Choice of venue aside, I question whether "if you sue me and lose, you pay me my costs" is free. That might be a good policy for laws (or perhaps not; I'm not very informed of the legal theory behind that), but I'm not sure if it belongs in a free license. > | If Contributor has knowledge that a license under a third party's > intellectual > | property rights is required to exercise the rights granted by such > Contributor > | under Sections 2.1 or 2.2, Contributor must include a text file with the > Source > | Code distribution titled "LEGAL'' which describes the claim and the party > | making the claim in sufficient detail that a recipient will know whom to > | contact. If Contributor obtains such knowledge after the Modification is > made > | available as described in Section 3.2, Contributor shall promptly modify the > | LEGAL file in all copies Contributor makes available thereafter and shall > take > | other steps (such as notifying appropriate mailing lists or newsgroups) > | reasonably calculated to inform those who received the Covered Code that new > | knowledge has been obtained. This fails the Chinese Dissident test. -- Glenn Maynard