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Re: Why is choice of venue non-free ?

On Thu, Feb 03, 2005 at 11:11:15AM -0500, Michael Poole wrote:
> Glenn L McGrath writes:
> > hmm, so if parts of the license arent enforcable in the licencees
> > jurisdiction, then a "choice of venue" clause could be used to drag
> > people into a jurisdiction that they are enforcable...
> Yes, "choice of venue" clauses could drag someone into a jurisdiction
> that he perceives as oppressive.  European individuals often think US
> copyright and patent laws are overbearing.  US corporations often
> think European copyright and patent laws are too weak.  Non-Muslims
> could be very disadvantaged if a COV clause subjects them to shari'a
> law.  I could continue; is that sufficient illustration?

To be fair, though, the problems you've listed above are just as prevalent
in Choice of Law clauses.  "You agree that this licence agreement shall be
interpreted by the laws of the state of <foo>" can subject a European to US
patent law, or a US corp. to .eu patent law, and so on, without causing
either party undue cost (beyond what any lawsuit is going to cost you) due
to having to present arguments in a foreign court.

- Matt

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