Re: L'Anee Philologique

["John Cox" <John.E.Cox@btinternet.com>]

In law that simply does not work satisfactorily.  Courts are experts in
their own jurisdiction, not in the precepts of another.  In this case, the
matter is much worse, because French law is based on the code civil, and
US state law (in every US state except Louisiana) is based on common law.  
If this wording were to be adopted - and I know of no lawyer in public or
private practice who would accept it - any litigation would be preceded by
interlocutory hearings simply to decide how to hear the case.  This is, of
course, wholly ridiculous and out of all proportion to the value of any
conceivable transaction with L'Annee Philologique.

John Cox

John Cox Associates
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
Tel: +44 (0) 1327 860949
Fax: +44 (0) 1327 861184
E-mail: John.E.Cox@btinternet.com

----- Original Message -----
From: "James J. O'Donnell" <jod@georgetown.edu>
To: <liblicense-l@lists.yale.edu>
Sent: 16 October 2002 4:28 am
Subject: Re: L'Anee Philologique


> The conversations regarding L'Annee Philologique continue.  What if (just
> a what if, mind you) the following language were proposed?  Could a state
> institution sign it?
>
> Jim O'Donnell
> Georgetown University
>
>
> > 8.1- These General Terms of Use shall be governed by the law of YOUR
> > STATE.
> > 8.2- In the event of a dispute regarding the interpretation or execution
> > of any of these provisions, and in the absence of an amicable
> > arrangement between the parties, the Paris Commercial Court [Tribunal de
> > Commerce de Paris] shall have sole jurisdiction.