2 ms·
Sorry, but that is not the law. There are lots of factors that go into choice of law, and you can't distill it to a few sentences like this. In any event, almos
by otterley 3y ago
Sorry, but that is not the law. There are lots of factors that go into choice of law, and you can't distill it to a few sentences like this. In any event, almost every business (and even B2C) contract and EULA these days includes a choice of law provision that parties agree to bind themselves to, and Apple's are no exception.
- deleted 3y ago[deleted]
- lotsofpulp 3y agoIf that was true, why would any business subject themselves to California’s usually more stringent regulations? > U.S. District Judge Yvonne Gonzalez Rogers in 2021 rejected Epic's antitrust claims against Apple. But the judge found that Apple violated California's unfair competition law by barring developers from "steering" users to make digital purchases that bypass Apple's in-app system, which Epic contends could save them money with lower commissions.
- otterley 3y agoCalifornia law isn’t 100% disadvantageous for all businesses. There are benefits as well. The choices aren’t always easy to make as the picture is rarely black and white.
- JumpCrisscross 3y ago> a choice of law provision that parties agree to bind themselves to, and Apple's are no exception Choice of law provisions are still subject to the prevailing law. And the first determinant of prevailing law is physical location. Sacramento exerts de facto jurisdiction over every Apple and related asset within California.
- otterley 3y agoAre you familiar with any cases in which a court voided a choice of law provision in an otherwise valid contract? (Yes I’m aware of the requirement now imposed that the language needs to be carefully drafted.)