>> And the opposite is true for the author. Does not the author deserve >> the most since they are the ones that created the work? > >Well, if some random third party sues the author, the >choice-of-venue-to-the-defendant, which seems to be the default in >international law (but IANAL), is as good. The choice of venue clause thus >only provides the author with facilitated suing-trigger, and adds nothing to >protect him from random third parties.
Is that really the case? If so, why was Sun sued for patent infringement in Kodak's home town? US law seem to be that the person suing gets to determine where the lawsuit takes place. There is, of course, no such thing as "international law" and choice of venue; there is only one internatial court (or two) and both are in the Hague. In the Netherlands, it is again the person filing the suit who determines in which court district it takes place. Considering all the class-action suits against foreign companies taking place in the US, I would be very surprised if those companies actually picked the US as venue. Casper _______________________________________________ opensolaris-discuss mailing list [email protected]
