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They don't even have to close the loophole. Just tell the US Apple Corporation (as an example) they can't proceed in their current court cases, as they are not
by briffle 5y ago
They don't even have to close the loophole. Just tell the US Apple Corporation (as an example) they can't proceed in their current court cases, as they are not the 'owner' of the IP, they are merely a licensee. Let them fight it in the court systems of the country where the IP is actually in.
Right now, these companies get all the tax/financial protection of another country, but all the legal protection of the US.
Imagine the EPIC vs Apple Battle, if they had to try it in another country, or even better, in every country that 'licences' apple's IP.. Lots more chances for losing.
- xyzzyz 5y ago> Just tell the US Apple Corporation (as an example) they can't proceed in their current court cases, as they are not the 'owner' of the IP, they are merely a licensee. Let them fight it in the court systems of the country where the IP is actually in. That's just absurd. If you want something to happen in jurisdiction X, you sue in jurisdiction X, not some other place where you might be a citizen or legal entity. Apple can try to sue in Ireland or Netherlands or wherever, but if they are suing a US company for some breach or whatever that happens in US, the Irish or Dutch court will just dismiss the lawsuit for the lack of jurisdiction, as it could not possibly enforce its judgement in the US.
- nodamage 5y agoThis is a common misconception but actually Apple Inc. (the US corporation) is the sole owner of the legal rights to Apple's intellectual property. The economic rights are split between Apple Inc. (for sales occurring in the Americas) and Apple's Irish subsidiaries (for sales occurring outside the Americas) but the IP itself remains in the United States. Source: Apple's Congressional hearing from a few years ago