Josselin Mouette wrote: > I don't know about the US - and if this is enough to make a license > non-free, this will give another reason to resurrect the non-us archive > - but in other countries, the author could only sue the user in the > latter's juridiction (if the "juridiction" word ever makes sense). > Whatever is written in the license text will not change that.
The 1980 Rome Convention allows European citizens to choose any law: Article 3 Freedom of choice 1. A contract shall be governed by the law chosen by the parties. The choice must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case. By their choice the parties can select the law applicable to the whole or a part only of the contract. http://www.rome-convention.org/instruments/i_conv_cons_en.htm There are only limited exceptions to the above rule. As far as I can tell, a European licensee is free to agree with a US author/licensor that US law (e.g. New York law) applies to their license agreement. Choice of *venue* is a bit more restricted, Europeans have the right to go to their local court for any dispute. Of course a US court may feel it has jurisdiction, which may make life very interesting once a verdict has been issued and the European person goes on holiday to the USA. Arnoud -- Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/ -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
