Gregg Reynolds <d...@mobileink.com> writes:

> On Fri, May 30, 2014 at 6:22 AM, Phillip Lord <phillip.l...@newcastle.ac.uk>
> wrote:
>
>>
>> Well, the law determines which part of a contract are actually binding;
>> so whether the choice of law clause actually means anything at all,
>> depends on the jurisdiction in which the law is being judged. Having
>> said this, I think your lawyers are right. The choice of law clause is
>> generally horrible.
>
>
> I guess you mean "choice of jurisdiction"?  It may be horrible, but (IANL)
> a contract without a jurisdiction seems pretty useless.  

So, GPL and most software licenses are completely useless?
Creative Commons Licenses are completely useless?
A statement such as "Copyright 2014" is completely useless?

Most legal systems are based on reading what the contract says and then
interpreting this, according to some standard defined by a legal system
and (and this is the important bit) by normal language. It's not like a
program where the interpretation is entirely codified in the language
specification. So, it's entirely possible to make a contract without
reference to a legal system under which it is interpreted.

Of course, if you use terms that DO have a precise legal meaning that
you are open to trouble; so, for example, if you start talking about
"fair use exception to copyright" then that might be difficult, as there
is no fair use exception under, for example, British law.


>  In any case, if not NY, then where?

The UK. That's where I live, and that would make it easier for me. Any
objections?

Phil

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