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Sun to give away Java Enterprise System

Sun to give away Java Enterprise System

Posted Dec 8, 2005 10:04 UTC (Thu) by ekj (subscriber, #1524)
In reply to: Sun to give away Java Enterprise System by jamesh
Parent article: Sun to give away Java Enterprise System

I never understood this; How can anyone choose which laws they are subject to ?

If I use a [WHATEVER]PL licenced software in conflict with what the licence allows in say Norway, the developer who wants to do something about it will be forced to do so by delivering a complaint to a Norwegian court of law.

Nothing he writes in his licence gives any US (or other) court any jurisdiction whatsoever over actions undertaken by a Norwegian citizen (me) in Norway.

Is there something obvious I'm missing here ?


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Sun to give away Java Enterprise System

Posted Dec 8, 2005 19:04 UTC (Thu) by swiftone (guest, #17420) [Link]

Nothing he writes in his licence gives any US (or other) court any jurisdiction whatsoever over actions undertaken by a Norwegian citizen (me) in Norway.

Sort of. Because you accept the terms of the license (and therefore get the benefits) you have agreed to cede jurisdiction to the named court. If you didn't agree, you wouldn't accept the license, and wouldn't get the perks (i.e. you would be bound by the copyright laws of your country, most of which wouldn't let you modify and distribute the code)

If you lived somewhere that didn't allow you to cede jurisdiction for a cross-border legal issue, it wouldn;t be binding. If the terms were unconscionable, the agreement could be overthrown. But in general, because you are agreeing to the license, and the jurisdiction issue is part of that agreement, they can do it.

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