Re: Why is choice of venue non-free
On Fri, 4 Feb 2005 15:09:01 +0000
Andrew Suffield <firstname.lastname@example.org> wrote:
> On Fri, Feb 04, 2005 at 12:37:53AM -0800, Sean Kellogg wrote:
> > The laws that are applied are the place where the alleged violation
> > occurred. If I break U.S. Copyright Law in Europe, there is no
> > case. U.S. laws have no force in Europe. If I break U.S. Copyright
> > Law in the United States with a some European court in the Choice of
> > Venue clause, the European court would apply U.S. Law. If you find
> > that a little bit off, you are beginning to see why Choice of Venue
> > clauses are regularilly thrown out in an international setting
> > (court's really don't like to interpret the laws of other
> > sovereigns).
> You may find it interesting to note that they reject choice of venue
> for several of the same reasons that we do. (As a rule of thumb,
> anything that a court would throw out for being overbearing is going
> to be non-free).
It would be usefull to people like me if you related your judgments (or
rules of thumb) back to the DFSG.
It makes it easier to understand.