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Re: choice of law clauses and GPL


From: John Hasler
Subject: Re: choice of law clauses and GPL
Date: Thu, 20 Aug 2009 16:29:51 -0500
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1 (gnu/linux)

Alan Mackenzie writes:
> I believe you're wrong here, too.  It just sounds absurd.  Judges and
> lawyers are only trained to operate under their own respective legal
> systems.  Please back up your assertion with something solid, say
> examples.

I wrote:
> SCO.

Alan Mackenzie writes:
> Answering reasonable questions with meaningless obscenities isn't
> helpful.  You can do better than this.

You asked for examples.  I gave you one.  All of SCO's suits involved
choice of law.  The Utah Federal District Court applied California and
New York law.  The Nevada Federal District Court applied California
law.  The Michigan court applied California law.  The Swiss arbitration
panel applied US law (I don't recall which state).

As Tim pointed out, "choice of law" applies only to the interpretation
of the license.  The court applies its local rules of procedure and
evidence.

For an experienced lawyer or judge learning enough of the law of a new
jurisdiction to interpret a contract is like an experienced programmer
learning enough of a new programming language to understand a program
written in it.
-- 
John Hasler 
address@hidden
Dancing Horse Hill
Elmwood, WI USA


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