On Sat, Jun 02, 2007 at 09:29:08PM -0700, Don Armstrong wrote:
[...]
Choice of venue clauses can short circuit the normal determination of
jurisdiction in civil cases in some jurisdictions in some cases. In
[...]
Since this is giving up a right normally enjoyed in exchange for the
ability to use or modify a work, it appears be a fee, and as such
fails DFSG 1.
That's wishful thinking, at best. Common knowledge defines "fee" as
"something involving the transfer of money". If it isn't, then the GPL
is also non-free, by the very same rationale: the fact that you are
required to produce source when so asked if you do distribute binaries
from source under the GPL means that you are giving up a right ("the
right not to distribute any source") which you might otherwise have,
which could be considered to be a fee.