On Friday 09 September 2005 15:46, Sven Luther wrote: > On Fri, Sep 09, 2005 at 07:23:10AM -0500, John Hasler wrote: > > Henning Makholm writes: > > > I doubt that "people who do not wish to become legally bound to appear > > > at the the author's home court whenever he files a frivolous lawsuit" > > > can be meaningfully described as a "group of persons" that can be > > > discriminated against. > > > > Why do you think that a copyright owner needs a choice of venue clause in > > order to file suit against you in his home jurisdiction? > > I had the impression that international law mandates that you can sue > someone only where he lives, is established, or makes business, at least > this seems to be the case in France. But then maybe this was only for > contract law, or something, not sure, as IANAL.
I think it is called 'International Private Law'. In case of no clause of choice-of-vanue and choice-of-low were stipulated, these two are determinated by the means of [1]. I also think that the parties can dispute where the process be held, e.g. the selected forum / jury /court could be varacious for both sites, not giving pre-advantages to any of them, but IANAL also. In case you accept a contract or license with a choice-of-vanue and choice-of-low it is obvious you need to obey with the given ones. You guess who can has the pre-advantages in that case - licensor or licensee. [1] http://en.wikipedia.org/wiki/Private_international_law -- pub 4096R/0E4BD0AB 2003-03-18 <people.fccf.net/danchev/key pgp.mit.edu> fingerprint 1AE7 7C66 0A26 5BFF DF22 5D55 1C57 0C89 0E4B D0AB -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]