11-11-2011, 11:01 PM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Good luck with a US Court's Judgment in a French Court — the rule of exequatur would very likely open re-litigation in the French Courts.
Copyright law is covered by the Berne Convention and is civil law (tort statutes). France is a signatory to the treaty.
But the the French EU Courts do not have any criminal statute like 18 USC §2257 so any US Court Judgment based on that criminal code that would not be honored — period. And that was the point of my comment and it is correct.
Quote:
Thus, the requirement of relitigating claims already tried in foreign countries was continued from the Ancien Regime to the Code Civil. The policy of the Ordinance of 1629 remained in force so that the principle of comity was established only in form, not in fact. Although the rule of exequatur became French law with the Code Civil, that rule was subject to the restriction that the merits leading to the foreign judgment had to be reviewed by a French court. 72 This paradoxical rule is referred to as the principle of revision au fond. 73 Under this rule, French law adopted a policy of full comity, by enforcing foreign judgments, and of no comity, by leaving every issue settled in a foreign trial open to relitigation. ...
lawdigitalcommons.bc.edu
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