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Re: Why is choice of venue non-free ?



On Fri, Feb 04, 2005 at 12:37:53AM -0800, Sean Kellogg wrote:
> The laws that are applied are the place where the alleged violation occurred.  
> If I break U.S. Copyright Law in Europe, there is no case.  U.S. laws have no 
> force in Europe.  If I break U.S. Copyright Law in the United States with a 
> some European court in the Choice of Venue clause, the European court would 
> apply U.S. Law.  If you find that a little bit off, you are beginning to see 
> why Choice of Venue clauses are regularilly thrown out in an international 
> setting (court's really don't like to interpret the laws of other 
> sovereigns).  

You may find it interesting to note that they reject choice of venue
for several of the same reasons that we do. (As a rule of thumb,
anything that a court would throw out for being overbearing is going
to be non-free).

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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