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by kintamanimatt
4818 days ago
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If I sell something to a Belgian and I'm, say, a Canadian company, I don't suddenly become subject to Belgian law. I don't have to account for distance selling regulations, data protection regulations, VAT, local taxes or anything else. I'd be subject to Canadian law, and that's all. Chances are the contract would even state that the jurisdiction were somewhere in Canada. (Yes, I know contracts aren't always perfectly binding or valid, and just because something is declared in a contract doesn't mean it's enforceable or valid.) Consumer could sue in Belgian courts but the matter of jurisdiction would arise and that's where the claim would fail. |
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But in Google Summer of Code case, if it's treated as 'work for hire' then the host country definitely has jurisdiction as the actual work happens there. And Google has subsidiaries worldwide (used for ad sales), so they can easily be targeted.