These are some examples of the choice of law provisions in other public licenses.
Please add your own thoughts on the various provisions in the Notes sections.
ODbL Open Database License
"10.4 Choice of law. This License takes effect in and will be governed by the laws of the relevant jurisdiction in which the License terms are sought to be enforced. If the standard suite of rights granted under applicable copyright law and Database Rights in the relevant jurisdiction includes additional rights not granted under this License, these additional rights are granted in this License in order to meet the terms of this License."
Notes
- This does not give a licensee certainty about what law will apply before using the license (but she can narrow down the options by determining where she is likely subject to personal jurisdiction).
- Licensor does not have certainty when he applies the license, but he has choice about what law will apply by choosing where to bring suit. Of course, his choices are limited based on where the licensee is subject to personal jurisdiction.
- Tying the choice of law provision to the place of enforcement ensures the licensee will not be subject to the laws of a jurisdiction with which he or she has no connection. (because the licensor cannot bring suit in a court that does not have personal jurisdiction over the licensee)
Open Government Licence
"Governing Law. This licence is governed by the laws of the jurisdiction in which the Information Provider has its principal place of business, unless otherwise specified by the Information Provider."
Notes
- Licensee knows what law governs if the licensee knows where the licensor has its principal place of business.
- Licensor knows what law applies.
- Potentially imposes the copyright law of one jurisdiction on a licensee with no connection to that particular jurisdiction.
European Union Public Licence
"14. Jurisdiction Any litigation resulting from the interpretation of this License, arising between the European Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Communities, as laid down in article 238 of the Treaty establishing the European Community. Any litigation arising between Parties, other than the European Commission, and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.
15. Applicable Law This Licence shall be governed by the law of the European Union country where the Licensor resides or has his registered office. This licence shall be governed by the Belgian law if: - a litigation arises between the European Commission, as a Licensor, and any Licensee; - the Licensor, other than the European Commission, has no residence or registered office inside a European Union country."
Notes
- Licensee has certainty if he knows the licensor's country of residence or location of the licensor's registered office.
- Licensor has certainty.
- Potentially imposes the copyright law of one jurisdiction on a licensee with no connection to that particular jurisdiction.
Norwegian Open Data License
"9. Choice of Law and Jurisdiction. This license, including its conclusion, and any controversy or claim that arises in connection with or relating to this License shall be governed by Norwegian law. Jurisdiction shall be licensor general jurisdiction.Licensor may elect to claim the venue and / or, what comes to the intellectual property rights under the law of the country where the intellectual property sought enforced."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes Norwegian copyright law on a licensee with no connection to Norway.
Common Public License
From Section 7 "This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes American copyright law on a licensee with no connection to the U.S.
IBM Public License
From Section 7 "This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes American copyright law on a licensee with no connection to the U.S.
Yahoo! Public License
From Section 7 "This Agreement will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement involving Yahoo! or any of its subsidiaries shall be subject to the jurisdiction of the federal or state courts of northern California, with venue lying in Santa Clara County, California."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes American copyright law on a licensee with no connection to the U.S.
RealNetworks Public Source License
"12.6 Dispute Resolution. Any litigation or other dispute resolution between You and Licensor relating to this License shall take place in the Seattle, Washington, and You and Licensor hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
12.8 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of Washington."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes American copyright law on a licensee with no connection to the U.S.
NOKOS (Nokia Open Source) License
From Section 10 "This License is governed by the laws of Finland excluding its conflict-of-law provisions. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes Finnish copyright law on a licensee with no connection to Finland.
Apple Public Source License
"13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais."
Notes
- Both parties have certainty as to what law applies.
- Potentially imposes American copyright law on a licensee with no connection to the U.S.
Sun Public License
"11. Miscellaneous. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License."
Notes
- Exception for applicable law reduces certainty for both parties about law will be applied, but it may prevent the application of American copyright law on a licensee with no connection to the U.S.
Jabber Open Source License
From Section 13 "This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa Clara County, California, with the losing party responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License."
Notes
- Exception for applicable law reduces certainty for both parties about law will be applied, but it may prevent the application of American copyright law on a licensee with no connection to the U.S.
Public Licenses without a choice of law clause
- About CC Wiki
- This page was last modified on 23 January 2012, at 22:03.