@ 27/04/2004 10:05 : wrote Arnoud Engelfriet :
I have no idea whether a US court would like to apply this
clause, but if the author goes to court, he is likely to get
the court to use Dutch law, using this clause.
I don't believe this for a moment. Not in the US, and most certainly not
in Brasil. Here, the only law that can be used in court is Brazilian
law. As the "unlawful fact" (copying/distributing software in
discordance with the license) ocurred in Brasil, any damages and
criminal penalties must be pursued in a Brazilian court, under Brazilian
law. International choice of venue is a NOP under Brazilian law. But...
the (rightful IMHO) opinion here in -legal seems to be that "if
something is a NOP in a license but the fact of it being a NOP goes
obviously against the will of the copyright owner, then this renders the
license non-DFSG-free."
--
br,M
