Re: discussion with the FSF: GPLv3, GFDL, Nexenta

[Thomas Weber <thomas.weber.mail@gmail.com>]

Am Montag, 4. Juni 2007 08:51:56 schrieb Arnoud Engelfriet:

Thanks for finding an english text.

> 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.


What about article 23(1)?
"If the parties, one or more of whom is domiciled in a Member State, have 
agreed that a court or the courts of a Member State are to have jurisdiction 
to settle any disputes which have arisen or which may arise in connection 
with a particular legal relationship, that court or those courts shall have 
jurisdiction."

But actually, that wasn't my point. I only wanted to show that "I'm living in 
X. If you sue me and win in Y, I just don't care" can be an expensive 
attitude in the EU.

> Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for
> myself 

Ups, a professional. I'd better be quiet now ;)

	Thomas