[OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

Anthony osm at inbox.org
Wed Sep 8 14:17:28 BST 2010


On Wed, Sep 8, 2010 at 2:51 AM, Francis Davey <fjmd1a at gmail.com> wrote:
> On 8 September 2010 02:26, Anthony <osm at inbox.org> wrote:
>> Probably depends what court you sue in.
>
> It shouldn't matter _where_ you sue. In principle at least the court
> seized of the matter should apply the usual principles of private
> international law to decide what the applicable law is and then apply
> it.

A court is highly unlikely to apply a foreign law which allows its
citizens to give up rights that they are not allowed to give up under
local law.  On the other hand, the foreign court will likely have no
problems doing so, especially since the alleged contract claims to be
governed by the laws of that foreign state.



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