Thomas Weber wrote:
> No idea how it is called in Belgium, but it's the German part of a treaty from
> 1958 dealing precisely with that sort of thing. So, it seems extremely likely
> that if I win in Germany in a civil case, I can have this decision executed
> in Belgium. Additionally, you might want to check European law for similar
> agreements (which would mean that the jurisdiction of your immediate concern
> spans > 20 countries).

Just see EC Regulation 44/2001:
"A judgment given in a Member State is to be recognised automatically, no
special proceedings being necessary unless recognition is actually
contested. A declaration that a foreign judgment is enforceable is to be
issued after purely formal checks of the documents supplied."
http://europa.eu/scadplus/leg/en/lvb/l33054.htm

Most relevant is article 5(1) that says that "in matters relating to a
contract, [jurisdiction is] in the courts for the place of performance of
the obligation in question". If I'm in the Netherlands and distribute
CDDL software to a Belgian citizen while violating the CDDL, the
copyright holder has to come to the Netherlands, choice-of-venue
(mostly) notwithstanding.

Arnoud

--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/


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On Mon, 04 Jun 2007, Arnoud Engelfriet wrote:
> If I'm in the Netherlands and distribute
> CDDL software to a Belgian citizen while violating the CDDL, the
> copyright holder has to come to the Netherlands, choice-of-venue
> (mostly) notwithstanding.

From the summary:

If the parties, one or more of whom is domiciled in the Community,
have concluded a choice of jurisdiction clause * , the agreed court
will have jurisdiction. The Regulation lays down a number of
formalities that must be observed in such choice of jurisdiction
agreements: the agreement must be in writing, or in a form which
accords with practices which the parties have established between
themselves or, in international trade or commerce, in a form which
accords with a usage of which the parties are aware.

* "Choice of jurisdiction" is a general principle of private
international law under which the parties to a contract are free to
designate a court to rule on any disputes even though that court
might not have had jurisdiction on the basis of the factors
objectively connecting the contract with a particular place.


Don Armstrong

--
Dropping non-free would set us back at least, what, 300 packages? It'd
take MONTHS to make up the difference, and meanwhile Debian users will
be fleeing to SLACKWARE.

And what about SHAREHOLDER VALUE?
-- Matt Zimmerman in

http://www.donarmstrong.com http://rzlab.ucr.edu

Am Montag, 4. Juni 2007 08:51:56 schrieb Arnoud Engelfriet:

Thanks for finding an english text.

> Just see EC Regulation 44/2001:
> "A judgment given in a Member State is to be recognised automatically, no
> special proceedings being necessary unless recognition is actually
> contested. A declaration that a foreign judgment is enforceable is to be
> issued after purely formal checks of the documents supplied."
> http://europa.eu/scadplus/leg/en/lvb/l33054.htm
>
> Most relevant is article 5(1) that says that "in matters relating to a
> contract, [jurisdiction is] in the courts for the place of performance of
> the obligation in question". If I'm in the Netherlands and distribute
> CDDL software to a Belgian citizen while violating the CDDL, the
> copyright holder has to come to the Netherlands, choice-of-venue
> (mostly) notwithstanding.


What about article 23(1)?
"If the parties, one or more of whom is domiciled in a Member State, have
agreed that a court or the courts of a Member State are to have jurisdiction
to settle any disputes which have arisen or which may arise in connection
with a particular legal relationship, that court or those courts shall have
jurisdiction."

But actually, that wasn't my point. I only wanted to show that "I'm living in
X. If you sue me and win in Y, I just don't care" can be an expensive
attitude in the EU.

> Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for
> myself

Ups, a professional. I'd better be quiet now

Thomas



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Don Armstrong wrote:
> On Mon, 04 Jun 2007, Arnoud Engelfriet wrote:
> > If I'm in the Netherlands and distribute
> > CDDL software to a Belgian citizen while violating the CDDL, the
> > copyright holder has to come to the Netherlands, choice-of-venue
> > (mostly) notwithstanding.
>
> From the summary:
>
> If the parties, one or more of whom is domiciled in the Community,
> have concluded a choice of jurisdiction clause * , the agreed court
> will have jurisdiction.

True, if it's a EU country. Sorry for that omission. Signing away
jurisdiction to the US is a lot more difficult.

Arnoud

--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/


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On Mon, 04 Jun 2007, Arnoud Engelfriet wrote:
> Don Armstrong wrote:
> > On Mon, 04 Jun 2007, Arnoud Engelfriet wrote:
> > > If I'm in the Netherlands and distribute
> > > CDDL software to a Belgian citizen while violating the CDDL, the
> > > copyright holder has to come to the Netherlands, choice-of-venue
> > > (mostly) notwithstanding.
> >
> > From the summary:
> >
> > If the parties, one or more of whom is domiciled in the Community,
> > have concluded a choice of jurisdiction clause * , the agreed court
> > will have jurisdiction.
>
> True, if it's a EU country. Sorry for that omission. Signing away
> jurisdiction to the US is a lot more difficult.

I'd have to read the actual clause in the actual law, but the summary
makes it sound like just one party's existance in the EU makes the
jurisdiction clause apply.

In any event, in the instant case (star) germany is the chosen
jurisdiction.


Don Armstrong

--
EQUAL RIGHTS FOR WOMEN
Don't be teased or humiliated. See their look of surprise when you
step right up to a urinal and use it with a smile. Get Dr. Mary Evers'
EQUAL-NOW Adapter (pat. appld. for) -- purse size, fool proof,
sanitary -- comes in nine lovely, feminine, psychadelic patterns --
requires no fitting, no prescriptions.
-- Robert A Heinlein _I Will Fear No Evil_ p470.

http://www.donarmstrong.com http://rzlab.ucr.edu


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