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Re: ocaml, QPL and the DFSG: Choice of venue argumentation.



On 2004-07-23 13:25:48 +0100 Sven Luther <sven.luther@wanadoo.fr> wrote:

The cost of hiring a lawyer in france local to the Court of Versailles is probably less or similar to the cost of hirinig a lawyer of similar competence and fluent in the Laws of France, in a country local to the defendent. I don't have hard data over this though, and would welcome hard data to the contrary.

IIRC, there is no requirement for a private individual to be represented by a lawyer in an English court, although many are. Additionally, the case would probably be heard in the appropriate court nearest to the defendant, so travel costs are minimal, and there may be Legal Aid available. Therefore, the need to hire a lawyer local to Versailles is a significant additional expense an abusive licensor can make the defendant pay, apparently on a whim.

There have been famous English civil self-defences, like the McLibel trial. I have tried to verify the above is still true today, but there's not a match in the subject indices I have access to and I can't construct a free text search which isn't drowned by irrelevant matches (for example "represent yourself infringement" finds lots of trademark information...).

I thought someone had previously claimed that the choice of venue was not valid to a French court anyway?

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