Jurisdiction of software license

Started by blingedout, 06-09-06 at 02:57 AM

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blingedout

If I have a piece of software whose license defines the jurisdiction as a country outside the U.S. (such as the U.K.), are the terms of the license still binding in the U.S.?

Isaac

For the most part, I would expect the terms of the license to be binding.  There may be some terms that are not supported under US law but are supported under UK law which might not be binding.

What may be questionable is whether the term specifying UK jurisdiction is enforceable or even meaningful.   That term might mean what law is to be applied, what courts disputes will be heard in, or it may purport to decide both.   US forums have their own rules about what law to apply, and I could not say for sure whether they would apply UK law to a dispute.
Isaac



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