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This is not a 'fine' in the legal sense, it's a (most likely) contractually agreed penalty for non-compliance with the licence terms, or otherwise a settlement
by roel_v 11y ago
This is not a 'fine' in the legal sense, it's a (most likely) contractually agreed penalty for non-compliance with the licence terms, or otherwise a settlement proposal. This is most likely a no brainer, from a legal point of view (it's how pretty much all specialty licence deals are constructed) - as I'm sure CERN's in-house councel has advised.
There is a reason this sort of thing is covered during orientation training. Sure, many people (especially those new to the real world like students) roll their eyes at it and think it's all just a bunch of mumbo jumbo; and OK, usually in practice it's not as strict as it seems at first, but that doesn't mean it's any less real.
- JupiterMoon 11y agoIn many European countries many software licenses are worthless. Similarly such penalty clauses have no legal weight. This is likely to be far from a legal "no brainer".
- roel_v 11y agoPray tell in what country whatsoftware licenses are 'worthless'. Because they're contracts like any other, and parties are free to contract anything they want (bar illegal things, which a penalty clause certainly isn't) anywhere in Europe. And yes I do have a law degree.
- petercooper 11y agoI'm in the UK which is only one part of Europe, and while "penalty clauses" are not illegal here, they are unenforceable. Liquidated damage clauses that impose reparations of a genuine pre-estimate of probable loss are fine, however. Whether $30000 is such is a matter for debate. If the software would cost $30000 for licensing on a single laptop, maybe it would be.
- JupiterMoon 11y ago> And yes I do have a law degree. Then you will know that contracts are only enforceable if they are legal. Also you will know that coercive contracts which one party could not understand tend to be looked upon unfavourably by courts.