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Re: NetBeans ITP [was Re: CDDL]



In message <[🔎] 20061203151523.4056FF6607@nail.towers.org.uk>, MJ Ray <mjr@phonecoop.coop> writes
Tom Marble <Tom.Marble@Sun.COM> wrote:
Indeed allow me to appeal to everyone to reconsider CDDL *as is*
given the clarification that Simon has provided in this regard [1].

In essence, this is the same claim we have heard before:
  "If, however, you are an individual, or a company that trades in only
  one of the places in which the other party also trades, the only
  jurisdiction that can hear the case is the one you share in common
  with the other party. In this circumstance, the "choice of venue"
  clause has no effect - no reasonable court would hear a case involving
  a party with no connection to the court."

So, as I've repeatedly stated before, to accept such a choice of venue as
not being an effective cost, we need to be sure the court is "reasonable".
I've no idea whether Santa Clara County California (SCCC) is "reasonable"
and I'm not going to take Simon's word because:

And what happens if you DON'T have a place in common where you trade? A lot of EU software is sold from Ireland, or maybe I bought it mail-order from America?

That argument fails on the obvious problem that in some circumstances it would leave a plaintiff with no recourse. I'm guessing "choice of venue" WOULD be valid in those circumstances, and by UK standards it would also be blatantly unfair - in the UK, with any suit by a corporation against an individual, the individual can have it moved (regardless of the corp's wishes) to the individual's local court.

Cheers,
Wol
--
Anthony W. Youngman - anthony@thewolery.demon.co.uk



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