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Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

David Nusinow writes:

> On Fri, Sep 09, 2005 at 05:01:17PM -0300, Humberto Massa Guimarães wrote:
>> > > > Why would US citizenship not be sufficient?
>> > > 
>> > > Whose US citizenship?
>> > 
>> > The plaintiff.
>> No.
>> Because the Court has no bearing on what would a non-US-citizen
>> nor-US-resident (the defendant) will do. If the Court orders you (*)
>> to stop distributing some software and you don't, the Police gets
>> to your door and you go to Jail. If the Court orders me (*) to do
>> something and I don't, they can't do anything unless I want to go
>> to Disneyland.
>> (*) I am obviously supposing you, the plaintiff, is an US citizen
>> and resident.
> Please use a non-broken mail program.
> How does a choice of venue clause compel you to go to the US then? The US
> courts still can't force your country's police to come after you.

Many more courts will honor a foreign judgment -- even a judgment by
default -- if there was an agremeent as to venue and/or jurisdiction
than will honor a foreign judgment in the absence of any such
agreement.  Thus, if the facts or law are to be argued, it is hugely
advantageous to do so in the first trial.  The large number of such
courts makes it difficult to argue that their local residents are
victimized by a quirk of local law.

Michael Poole

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