Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...
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
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