Re: discussion with the FSF: GPLv3, GFDL, Nexenta
Thomas Weber wrote:
> No idea how it is called in Belgium, but it's the German part of a treaty from
> 1958 dealing precisely with that sort of thing. So, it seems extremely likely
> that if I win in Germany in a civil case, I can have this decision executed
> in Belgium. Additionally, you might want to check European law for similar
> agreements (which would mean that the jurisdiction of your immediate concern
> spans > 20 countries).
Just see EC Regulation 44/2001:
"A judgment given in a Member State is to be recognised automatically, no
special proceedings being necessary unless recognition is actually
contested. A declaration that a foreign judgment is enforceable is to be
issued after purely formal checks of the documents supplied."
http://europa.eu/scadplus/leg/en/lvb/l33054.htm
Most relevant is article 5(1) that says that "in matters relating to a
contract, [jurisdiction is] in the courts for the place of performance of
the obligation in question". If I'm in the Netherlands and distribute
CDDL software to a Belgian citizen while violating the CDDL, the
copyright holder has to come to the Netherlands, choice-of-venue
(mostly) notwithstanding.
Arnoud
--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
Reply to: