Anthony W. Youngman writes:

> In message <20100104123153.65a79f7...@nail.towers.org.uk>, MJ Ray
> <m...@phonecoop.coop> writes
>>I'm not convinced that there is consensus on choice-of-venue being
>>acceptable.  I suspect there's a mix of considering it acceptable,
>>thinking we can fight it when needed and ignorance.
>
> Actually, I believe choice-of-venue is unenforceable in our
> jurisdiction :-)

That's convenient for you (assuming it's true).  I live in Virginia,
which has enacted a law called UCITA that gives almost unlimited scope
to shrink-wrap and click-wrap licenses; but even without that, US courts
generally uphold choice-of-venue clauses in software licenses.  I hope
that those situated similarly to me count for something when evaluating
DFSG compliance -- just going through discovery in one lawsuit venued on
the far side of the country was more than enough for me.  (Setting aside
the cost of retaining a lawyer in a jurisdiction with slightly different
laws than I'm familiar with, the three-hour time zone difference made it
a pain to coordinate things without disrupting my working schedule.
IMO, software users don't deserve to have far-away lawsuits against them
made easier.)

Michael Poole


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