International Hosting Law
Nike magista football boots with sock as Liam noted in his blog, I at Webhostingday. Let say I representing a company in Ohio. They have a disgruntled customer in Maine. I going to argue that Ohio law applies, since that where my client is based. Let say there the same set nike magista football boots with sock of facts, however the nike magista obra ii ag customer in Maine has nike magista obra ii ag money in a bank we trying to get. I going to argue that Maine law applies. law supports both arguments, particularly in the business to consumer context.
In the international context, the arguments are relatively similar, except it much more difficult to get courts of one nation to apply the laws of another. courts, who will almost never apply the laws of a foreign jurisdiction, or, for that matter, even cede that a foreign court may have come to a more reasonable decision.
However the Internet is global, and my clients, and the attendees at Webhostingday, have clients all over the world. So, to make the example above more complicated, how does a datacenter in Cologne leasing space to my client in Ohio, deal with my client problem customer in Maine?
The answer that applies 75% of the time is by using a common contract. In the hosting industry, along with many other Internet industries, a consensus has developed about what is, and what isn acceptable in contracts. Except in their extreme forms, most hosting contracts (at least those that I written) can be distilled down to very basic principles. These principles have wide application in almost every country that has accepted the principle of doing business by contract. to Uruguay.
So what about the other 25%. The other 25% tends to involve issues, such as privacy, reseller and redistribution rights, and price floors, on which many countries disagree. As companies move up the value nike magista football boots with sock chain, and create more varied products and services, their ability to sell over the internet with a standard contract that applies to all customers regardless of country, decreases. In that case, typically my clients will engage me to prepare a standard contract, and we work with attorneys in targeted countries, or geographic areas, to create a specific contract. hosts. who have encouraged me to come; and finally, to Liam point in a recent blog entry, I always wanted to ride roller coasters as much as I nike magista football boots with sock desired without waiting in line. Just don tell my daughter.
About David SneadDavid Snead is a lawyer whose practice is focused on internet infrastructure providers. In his eleven years in this practice, he has represented clients including multinationals, middle tier hosting companies, and two guys, a server, a T1 and a huge MasterCard balance.
A longtime WHIR contributor, David Snead is the Web hosting business’s bestknown legal expert. Through his WHIR blog, he offers a credible legal perspective on both specific actions in the Web hosting business and general developments in legislation nike magista football boots with sock.