External EULA jurisdiction

Igor Petrovic
Igor Petrovic Posts: 297
in Type Business
On the other thread, it is mentioned that it is possible to pick a governing law/jurisdiction other than the country/state in which you are living and operating:

https://typedrawers.com/discussion/951/license-violation/p2

Furthermore, that Vancouver offers an international arbitration center, and for smaller claims it can all be done through the mail.

If someone here knows, I am interested to hear more about this option:

— Could anyone specify Vancouver, no matter the citizenship/residence?

— Does it still work, what are the experiences?

Thanks!
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Comments

  • John Hudson
    John Hudson Posts: 3,186
    Disclaimer: I am not a lawyer and this is not legal advice.

    A contract, of which a EULA is a form, can specify any jurisdiction of governing law, but what this primarily means is that any dispute about the meaning of the language of the contract would be determined under that law. It does not mean that disputes over infringement of the contract will automatically be brought under that jurisdiction. In enforcing the terms of a EULA, it may be necessary to bring a case in the jurisdiction where the infringement occurred.

    Note also that ‘Vancouver’ is not a jurisdiction for this purpose. Vancouver is a municipality within the Province of British Columbia, which is the minimum level of legal jurisdiction under which one could bring the kind of suit needed to enforce a EULA or pursue a copyright or trademark infringement case. Note also that the existence of an international arbitration centre does not mean that it is automatically an accessible route to resolving a claim. Typically, arbitration only happens if both parties agree to it or it is ordered by a court. You can read more about BC’s International Commercial Arbitration Act here.
  • Thomas Phinney
    Thomas Phinney Posts: 2,883
    John Hudson said:
    Note also that the existence of an international arbitration centre does not mean that it is automatically an accessible route to resolving a claim. Typically, arbitration only happens if both parties agree to it or it is ordered by a court. 

    Typically it would happen if the licensor puts an arbitration clause/requirement in the EULA, and the licensee accepts the EULA.

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