In a message dated 4/26/2009 4:00:59 PM Pacific
Daylight Time,
thomas.dalton(a)gmail.com writes:
Of course, there is
nothing that says you have to sue in the US.>>
---------------------
When you sign up you agree to a terms of service which states that
Wikipedia operates under Florida law and that you agree to this.
You would first have to prove to any other judge, that either you didn't
understand this, or that it's not material to the case.
Many companies do this same thing, I mean have you agree to a contract
which states under what jurisdiction you agree to abide. The question is, has
anyone successfully shown that such an agreement is arbitrary, capricious and
irrelevant?
First of all finding the TOS page is not that easy for a newbie. It
would take a great deal of effort even for an experienced Wikipedian. I
don't see any link to it on the main page. With many countries the
jurisdiction of its courts is established if the offending web page is
accessible from that country.
With the headquarters now in California, would even the WMF want such a
case to be argued in Florida. The Florida incorporation may be relevant
only to some few matters of corporate law. Copyright law is a federal
matter.
Ec