On Sep 7, 2005, at 16:40, Sven Luther wrote:
On Wed, Sep 07, 2005 at 08:40:18AM -0700, Rich Teer wrote:
On Wed, 7 Sep 2005, Sven Luther wrote:
Debian GNU/OpenSolaris, as it would be called, having a OpenSolaris
kernel and
a GNU userland is not concerned by the GPL incompatibility of the
CDDL, but
solely on the non-freeness of the CDDL, which seems to involve right
now the
controversial choice-of-venue clause. At least if you want that
effort to be
part of debian, and not create your own thing apart from it.
Now, my opinion is that the choice-of-venue clause problem should be
cut in
two, and leave the choice-of-venue to the defendant, as seems to be
the
default in international contract law, but it would be nice to have
real legal
What is the problem with the choice of venure clause? I honestly
don't understand.
If I, as a resident of BC, Canada, release some code under the CDDL,
the last
thing I want to do is travel to God knows where (e.g., California) to
protect
my rights in a court of law. A better example would be Casper, who
lives in
the Netherlands. Why can't he, as the author of a piece of
CDDL-licensed code,
chose the venue for lawsuits?
One of the debian mirror operators in <insert random country> can be
sued by
Sun over the distribution of Debian GNU/OpenSolaris, and have to go to
the
expense to go to the Sun chosen court.
That seems no different to the situation if the law & venue are
specified rather than parametrised. That's not the concern I had
understood. As I suggested earlier, let's start a thread over in the
GNU/Solaris forum and discuss this more deeply without annoying the
rest of the osol-discuss residents :-)
This is, in my opinion, not freedom related, but debian is a volunteer
organisation, and can't afford to take such risks either for our
infrastructure, our individual developers, our mirror network, debian
based
distributions, or even the end-user, so it is a problem for debian.
Friendly,
Sven Luther
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