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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."

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 Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/

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