@ 27/04/2004 10:05 : wrote Arnoud Engelfriet :
I don't believe this for a moment. Not in the US, and most certainly not in Brasil. Here, the only law that can be used in court is Brazilian law. As the "unlawful fact" (copying/distributing software in discordance with the license) ocurred in Brasil, any damages and criminal penalties must be pursued in a Brazilian court, under Brazilian law. International choice of venue is a NOP under Brazilian law. But... the (rightful IMHO) opinion here in -legal seems to be that "if something is a NOP in a license but the fact of it being a NOP goes obviously against the will of the copyright owner, then this renders the license non-DFSG-free."I have no idea whether a US court would like to apply this clause, but if the author goes to court, he is likely to get the court to use Dutch law, using this clause.
-- br,M