The Lawbringer: The lessons of globalization and gold farming

Reader Comments (Page 1 of 1)

1-21-2011 @ 1:40PM

busuan said...

There are two aspects of "Our rules and regulations have no holding in Chinese courts". The first and the foremost is that there are surprisingly few treaties (therefore few laws) on whether, what and how to recognize the other party's court rulings. US recognize rulings from a Communist country?! That's a lethal political poison.
The second is that US legal system is of Case law while the Chinese is of Civil law. I can foresee the experts from two countries fighting each other forever.

1-21-2011 @ 9:42PM

DarkWalker said...

Not only that.

I believe most countries in the world will only recognize other rulings from other countries if due process, according to the laws of both countries, was respected, and both countries' legal systems agree about jurisdiction rules in the specific case. If there is any conflict about jurisdiction rules, the lawsuit will probably need to be filled in the defendant's jurisdiction in order to have any effect.

For example, for players in Brazil, no matter what Blizzard might have added to the EULA/TOS they can't sue one such player in the US based on the EULA/TOS and hope for the judgement to be accepted here; there's a local law saying standard form contracts (of which EULAs/TOS are subspecies) are not allowed to set jurisdiction rules, with any clause that attempts to do so being regarded as null and void. Without such valid clause, any lawsuit needs to be started in the place the defendant live, else the whole lawsuit is simply disregarded as invalid.

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