Learn from the mistakes of others

US court throws out Microsoft's plea for help
http://news.zdnet.co.uk/software/windows/0,39020396,39260302,00.htm
Reuters
Reuters
March 30, 2006, 12:05 BST

( Read more... )

i would have been shocked if the us court had decided otherwise. comity is very important in the international arena - it is a foundation of private international law, aka choice of law. no one likes litigants who run off to a 'more favourable' jurisdiction to get a ruling that interferes in the processes of the original jurisdiction.

if the us court had upheld microsoft's argument, it would risk having the europeans ignore the court's ruling - or even explicitly dispute it. not a good for future relations. international law provides that courts ought to give effect to one another's judgements. this reduces the risk of forum shopping (hunting about for a more favourable court) and strengthens the power of courts in both lands by ensuring that those who have 'lost' cannot evade penalties merely by going somewhere else.

comity is not the same as extradition. extradition allows a court to order a person to be delivered into the jurisdiction of the other court. comity enables courts to uphold each other's decisions and enforce them in each other's place. in both cases, an application must be made to the relevant court.

US court throws out Microsoft's plea for help
http://news.zdnet.co.uk/software/windows/0,39020396,39260302,00.htm
Reuters
Reuters
March 30, 2006, 12:05 BST

( Read more... )

i would have been shocked if the us court had decided otherwise. comity is very important in the international arena - it is a foundation of private international law, aka choice of law. no one likes litigants who run off to a 'more favourable' jurisdiction to get a ruling that interferes in the processes of the original jurisdiction.

if the us court had upheld microsoft's argument, it would risk having the europeans ignore the court's ruling - or even explicitly dispute it. not a good for future relations. international law provides that courts ought to give effect to one another's judgements. this reduces the risk of forum shopping (hunting about for a more favourable court) and strengthens the power of courts in both lands by ensuring that those who have 'lost' cannot evade penalties merely by going somewhere else.

comity is not the same as extradition. extradition allows a court to order a person to be delivered into the jurisdiction of the other court. comity enables courts to uphold each other's decisions and enforce them in each other's place. in both cases, an application must be made to the relevant court.