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Re: Why is choice of venue non-free

On Sat, Feb 05, 2005 at 05:20:14AM +1100, Glenn L McGrath wrote:
> On Fri, 4 Feb 2005 15:09:01 +0000
> Andrew Suffield <asuffield@debian.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.

Can we hang a sign on the door saying "NOTICE: The DFSG is not the Final
Frontier in freedom determination" and then beat with sticks anyone who
fails to read it?

Seriously, Glenn, not everything in the world can be grounded in the DFSG.
But if you'd like one, several "onerous condition" groundings have been
proposed up-thread.

- Matt

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