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Re: Choice of venue, was: GUADEC report



> On 2004-07-14 18:36:52 +0100 Raul Miller <moth@debian.org> wrote:
> 
> > I wonder what happens when two copyrighted works are in question,
> > where the parties involved each claim that their work has copyright
> > and the other does not, and both have choice of law and/or choice of
> > venue clauses.

On Wed, Jul 14, 2004 at 07:22:30PM +0100, MJ Ray wrote:
> I'm not entirely sure what you mean by "has copyright" here, but I 
> suspect it depends who is accusing who of infringement.

Sorry, I wasn't clear.

Party A has written work B.
Party C has written work D.

Party A holds the copyright on work B and claims D is an infringing copy.
Party C holds the copyright on work D and claims that B is an infringing copy.

In scenario 1, the works also have conflicting "choice of law" clauses.
In scenario 2, the works also have conflicting "choice of venue" clauses.

If we assume that choice of venue clauses have a material effect on
the meaning of the copyright, then scenario 2 introduces some seemingly
paradoxical results.

-- 
Raul



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