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Re: choice of law clauses and GPL
From: |
Tim Smith |
Subject: |
Re: choice of law clauses and GPL |
Date: |
Wed, 19 Aug 2009 13:34:52 -0700 |
User-agent: |
MT-NewsWatcher/3.5.3b2 (Intel Mac OS X) |
In article <mailman.4863.1250670198.2239.gnu-misc-discuss@gnu.org>,
"Alfred M. Szmidt" <ams@gnu.org> wrote:
> On the licenses list at fsf.org, there are several licenses in the
> "free but not GPL compatible" list that appear to be incompatible
> because they contain a choice of law clause.
>
> Why would a choice of law clause make a license incompatible with
> GPL?
>
> Because they add additional terms that are not in the GNU GPL.
It's additional restrictions that make a license incompatible, not
merely additional terms. If the additional terms weren't restrictions,
they would be OK.
I don't see why choice of law clauses would necessarily be additional
restrictions. To me, it seems they are more like definitions. They are
telling you that the meaning of the license is interpreted under a
particular established law. If the license, when interpreted under that
law, does not impose any additional restrictions, why couldn't it be GPL
compatible?
Note that a choice of law clause doesn't mean that any disputes must be
litigated in the courts of the jurisdiction whose law is specified. The
courts of one state or country are willing and able to apply the law of
another state and country when handling a contract or license case.
--
--Tim Smith
- choice of law clauses and GPL, Tim Smith, 2009/08/17
- Re: choice of law clauses and GPL, John Hasler, 2009/08/17
- Re: choice of law clauses and GPL, Rjack, 2009/08/18
- Re: choice of law clauses and GPL, Alfred M. Szmidt, 2009/08/19
- Message not available
- Re: choice of law clauses and GPL,
Tim Smith <=
- Re: choice of law clauses and GPL, John Hasler, 2009/08/19
- Re: choice of law clauses and GPL, Alan Mackenzie, 2009/08/19
- Re: choice of law clauses and GPL, John Hasler, 2009/08/19
- Re: choice of law clauses and GPL, Alan Mackenzie, 2009/08/20
- Re: choice of law clauses and GPL, Alexander Terekhov, 2009/08/20
- Re: choice of law clauses and GPL, John Hasler, 2009/08/20
- Re: choice of law clauses and GPL, Alan Mackenzie, 2009/08/20
- Re: choice of law clauses and GPL, Tim Smith, 2009/08/20
- Re: choice of law clauses and GPL, Tim Smith, 2009/08/19
- Re: choice of law clauses and GPL, Alan Mackenzie, 2009/08/20