Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Next
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
Twitch
YouTube
Facebook (EN Publishing)
Facebook (EN World)
Twitter
Instagram
TikTok
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Community
General Tabletop Discussion
*TTRPGs General
My name is "Defendant Radzikowski"
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="NerfedWizard" data-source="post: 4756406" data-attributes="member: 68865"><p>I didn't say that it depended on the substantive US law of copyright on a self-standing basis under the law of tort/delict. But aspects of US law will presumably be involved - e.g. perhaps procedural law on service abroad. If contractual terms are involved, there might be a choice of law clause. And of course presumably US private international law in relation to the application by the forum of (presumably Polish) law in relation to substantive copyright questions, although that would at first glance appear to be likely to be trite/trivial in itself. Is it not also true that in limited circumstances and in particular in the absence of evidence of the substantive foreign law, courts in some jurisdictions will simply proceed as if the foreign law were the same as their own?</p><p> </p><p>Your "Second point" is interesting. Are you assuming that the US court would be prepared to apply the US measure of damages rather than the Polish measure? That strikes me as surprising, although I don't know the answer to that. Assuming that the US court applies the Polish measure, ex hypothesi the "Second point" will be irrelevant. But I don't know whether the US court would apply the US measure of damages, the Polish measure of damages or a funny mixture of the two. As for the substantive correctness of the view that the same damages would have to be available under Polish domestic law in order for the US judgment to be enforceable there, that seems to me to be a question of Polish private international law as previous posters have indicated. To the extent that US law can be clearly shown to be penal, it sounds like an interesting argument. It would come as a surprise to me, though, if no damages whatsoever could be enforced in Poland - with the caveat that I have no knowledge of native (as opposed to EU) Polish private international law. This infringement seems to me to involve very substantial losses and purely on a compensatory basis it could be that very substantial sums could possibly be awarded if the case is established to the satisfaction of the court and if the losses are proven. Having said that, I am not in the least familiar with the actual evidence, so I cannot reach a fully informed view on this point in relation to the facts of this case.</p><p> </p><p>Again, my contribution to this debate is highly speculative and should not be relied upon in any way shape or form (!) - I am not willing or qualified to assume responsibility for advising on this case.</p></blockquote><p></p>
[QUOTE="NerfedWizard, post: 4756406, member: 68865"] I didn't say that it depended on the substantive US law of copyright on a self-standing basis under the law of tort/delict. But aspects of US law will presumably be involved - e.g. perhaps procedural law on service abroad. If contractual terms are involved, there might be a choice of law clause. And of course presumably US private international law in relation to the application by the forum of (presumably Polish) law in relation to substantive copyright questions, although that would at first glance appear to be likely to be trite/trivial in itself. Is it not also true that in limited circumstances and in particular in the absence of evidence of the substantive foreign law, courts in some jurisdictions will simply proceed as if the foreign law were the same as their own? Your "Second point" is interesting. Are you assuming that the US court would be prepared to apply the US measure of damages rather than the Polish measure? That strikes me as surprising, although I don't know the answer to that. Assuming that the US court applies the Polish measure, ex hypothesi the "Second point" will be irrelevant. But I don't know whether the US court would apply the US measure of damages, the Polish measure of damages or a funny mixture of the two. As for the substantive correctness of the view that the same damages would have to be available under Polish domestic law in order for the US judgment to be enforceable there, that seems to me to be a question of Polish private international law as previous posters have indicated. To the extent that US law can be clearly shown to be penal, it sounds like an interesting argument. It would come as a surprise to me, though, if no damages whatsoever could be enforced in Poland - with the caveat that I have no knowledge of native (as opposed to EU) Polish private international law. This infringement seems to me to involve very substantial losses and purely on a compensatory basis it could be that very substantial sums could possibly be awarded if the case is established to the satisfaction of the court and if the losses are proven. Having said that, I am not in the least familiar with the actual evidence, so I cannot reach a fully informed view on this point in relation to the facts of this case. Again, my contribution to this debate is highly speculative and should not be relied upon in any way shape or form (!) - I am not willing or qualified to assume responsibility for advising on this case. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
*TTRPGs General
My name is "Defendant Radzikowski"
Top