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cc-licenses - Re: additional terms to by-nc-sa

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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james.grimmelmann AT yale.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: additional terms to by-nc-sa
  • Date: Tue, 06 Jul 2004 14:49:00 -0700



This is also wildly out of my area of expertise, but couldn't you sue a company in a jurisdiction other than the one the company is incorporated in if the company does business in the jurisdiction you want to sue it in?

This is true as a general matter. You can sue a company in the state where it's incorporated, in the state where it has its headquarters, or in any state where it has a substantial business presence. Having an office with employees in a state is usually enough.

Having said that much, imposing a choice-of-venue clause in this way might not be legally effective. If you want to insist that you be sued, if at all, in Santa Clara County, that is more likely to work than insisting that you be allowed to sue them in Santa Clara County.

Jurisdiction and choice of forum issues are very complex, not wholly predictable, and almost purely matters for lawyers.

Usual disclaimers: I speak for myself, and I'm not giving legal advice.

James





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