Well, the law determines which part of a contract are actually binding;
so whether the choice of law clause actually means anything at all,
depends on the jurisdiction in which the law is being judged. Having
said this, I think your lawyers are right. The choice of law clause is
generally horrible. I mean, what does it mean for me, as a non-US
citizen? Don't know at all, and that is not good in a legal document.

But what I would ask, in this context, is under what circumstances is
your website likely to be affected by the license of Clojure? You are
not planning to modify or change Clojure itself, but simply use it.
Perhaps, these are grounds to argue that the clauses in EPL are very low
risk.

Phil


rcg <[email protected]> writes:
> Again- web site, not distributing or modifying Clojure. I have no expertise 
> with Open Source Licenses or lawyer-ese jargon.
>
> These are the specific objections- do they even apply in the context of web 
> services?
>
> 1. "This Agreement is governed by the laws of the State of New York". Not 
> acceptable: The federal government cannot agree to be bound by state law.
>
> 2. "Each party waives its rights to a jury trial in any 
> resulting litigation". Not acceptable: Only DOJ can control litigation.

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