Re: The QPL licence
Humberto Massa wrote:
> @ 27/04/2004 10:05 : wrote Arnoud Engelfriet :
> >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.
> I don't believe this for a moment. Not in the US, and most certainly not
> in Brasil.
I don't know Brazilian law. However, a choice of law is quite common
in contracts. If a US court were to find that the parties did make
a contract, it seems likely to me they would honor the parties'
choice of law and venue.
I do know Dutch law, and under Dutch law a choice of law is
certainly respected in contracts, unless it's clearly totally
And there has been quite some European caselaw that acknowledges the
> Here, the only law that can be used in court is Brazilian
Interesting. So Brazil doesn't have any provision for people to
agree on certain choice of law? It seems rather unusual.
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/