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Re: Choice of venue, was: GUADEC report



Raul Miller wrote:

>> 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.

They have no effect on the copyright at all; if the issue is strictly one of
copyright, the license does not come into it and venue is determined by
other means.  They have an effect on the *license*.

To make this scenario work, you have to do the following:

Party A has issued a license E to the public for work B
Party C has issued a license F to the public for work D

Party A claims that B is allowed by license F (C disagrees)
Party C claims that D is allowed by license E (A disagrees)

In scenario 1, the court will interpret license F by its laws, and license E
by its laws, and determine who's right.

Scenario 2 is admittedly problematic.  However, you can't have B be a
derivative work of D, *and* have D be a derivative work of B.  The court
who has venue for the copyright question will presumably rule on that. 
Afterwards, one of the license questions becomes moot.  I don't know
whether the copyright court would then send it to the venue for the other
license; maybe, but there may be some legal rules about not having too many
court cases for one problem which would cause the copyright court to decide
that on its own.

-- 
There are none so blind as those who will not see.



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