4 ms·

Surely, there must be a gigantic number of claimants already taking to their lawyers about how to get compensation? Not just in France but across the planet? I

Surely, there must be a gigantic number of claimants already taking to their lawyers about how to get compensation? Not just in France but across the planet? I wonder how this kind of thing is organised, since there's all these jurisdictions.

lukan 2y ago
"I wonder how this kind of thing is organised, since there's all these jurisdictions." In theory simple. Crowdstrike is doing buisness in state X, so compensation claims will be settled in court in state X. So lots of courts and lawers all around the world, will be quite busy for some time with the case.
- anonzzzies 2y ago
  I cannot see how they will get over this... It's CIO snakeoil to begin with, but this was not a simple mistake; it shows the entire lack of process and responsibility.
- b112 2y ago
  And if judgements are found, local to the jurisdiction assets (including and money being forwarded by banks, eg via credit cards, or wire transfers) can be seized. If that doesn't work, judgements can be registered in other courts for collection purposes.
  - WJW 2y ago
    Many countries also have treaties to accommodate this process across borders.
- sjamaan 2y ago
  It's a B2B tool, which means it's quite likely the contract/license states that all disputes are to be settled in a court appointed by them. This is not valid for consumer disputes, but businesses are free to do what they want. Perhaps this will let them off the hook? OVH is different in that it's actually a French company.
  - bogeholm 2y ago
    In several European countries, those parts of a license that put the customer in a worse position than what the law stipulates are simply invalid.
  - felipelemos 2y ago
    Many companies are actually not us companies. In the end probably only the us companies will be left empty-handed.
  - skissane 2y ago
    > It's a B2B tool, which means it's quite likely the contract/license states that all disputes are to be settled in a court appointed by them. Many businesses will simply refuse to buy your product if the contract says the dispute has to be settled under foreign law or by a foreign court. The customer's lawyers will flag such a term as an unacceptable legal risk. And if your competitor isn't demanding that term, you are giving them a big reason to choose the competitor instead. Random example: Oracle's standard contracts with their Australian customers says disputes will be settled under Australian law (New South Wales state law) in an Australian court (in Sydney). [0] And Oracle's standard agreements for France nominate French law and the courts of Paris. [1] If Oracle can't get away with forcing foreign law/courts on their customers, I'd be surprised if CrowdStrike can. Might be a different story for smaller countries, but most businesses in major economies are used to vendors offering contracts under their own national law. [0] for example https://www.oracle.com/us/corporate/contracts/cloud-csa-v012418-au-eng-4419855.pdf https://www.oracle.com/us/corporate/contracts/cloud-csa-v012... – see clause 14 on page 7 [1] for example https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-4419887.pdf https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-44198... – see clause 14 on page 6
  - dathinab 2y ago
    > but businesses are free to do what they want. this is not true just because you write into your contract that something will be settled in a specific jurisdiction doesn't mean it's legally actually the case

lukan 2y ago

"I wonder how this kind of thing is organised, since there's all these jurisdictions." In theory simple. Crowdstrike is doing buisness in state X, so compensation claims will be settled in court in state X. So lots of courts and lawers all around the world, will be quite busy for some time with the case.

anonzzzies 2y ago
I cannot see how they will get over this... It's CIO snakeoil to begin with, but this was not a simple mistake; it shows the entire lack of process and responsibility.
b112 2y ago
And if judgements are found, local to the jurisdiction assets (including and money being forwarded by banks, eg via credit cards, or wire transfers) can be seized. If that doesn't work, judgements can be registered in other courts for collection purposes.
- WJW 2y ago
  Many countries also have treaties to accommodate this process across borders.
sjamaan 2y ago
It's a B2B tool, which means it's quite likely the contract/license states that all disputes are to be settled in a court appointed by them. This is not valid for consumer disputes, but businesses are free to do what they want. Perhaps this will let them off the hook? OVH is different in that it's actually a French company.
- bogeholm 2y ago
  In several European countries, those parts of a license that put the customer in a worse position than what the law stipulates are simply invalid.
- felipelemos 2y ago
  Many companies are actually not us companies. In the end probably only the us companies will be left empty-handed.
- skissane 2y ago
  > It's a B2B tool, which means it's quite likely the contract/license states that all disputes are to be settled in a court appointed by them. Many businesses will simply refuse to buy your product if the contract says the dispute has to be settled under foreign law or by a foreign court. The customer's lawyers will flag such a term as an unacceptable legal risk. And if your competitor isn't demanding that term, you are giving them a big reason to choose the competitor instead. Random example: Oracle's standard contracts with their Australian customers says disputes will be settled under Australian law (New South Wales state law) in an Australian court (in Sydney). [0] And Oracle's standard agreements for France nominate French law and the courts of Paris. [1] If Oracle can't get away with forcing foreign law/courts on their customers, I'd be surprised if CrowdStrike can. Might be a different story for smaller countries, but most businesses in major economies are used to vendors offering contracts under their own national law. [0] for example https://www.oracle.com/us/corporate/contracts/cloud-csa-v012418-au-eng-4419855.pdf https://www.oracle.com/us/corporate/contracts/cloud-csa-v012... – see clause 14 on page 7 [1] for example https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-4419887.pdf https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-44198... – see clause 14 on page 6
- dathinab 2y ago
  > but businesses are free to do what they want. this is not true just because you write into your contract that something will be settled in a specific jurisdiction doesn't mean it's legally actually the case