Changes

A more "free market" solution would be to eliminate all mention of U.S. Government courts altogether, and provide for the settlement of copyright-related disputes through some sort of [[alternative dispute resolution]] (ADR) - perhaps [[mediation]] as a first step and then [[arbitration]]. If any litigation did occur, it would reduce the cost and time required to resolve it. A typical ADR boilerplate clause reads thus:

A more "free market" solution would be to eliminate all mention of U.S. Government courts altogether, and provide for the settlement of copyright-related disputes through some sort of [[alternative dispute resolution]] (ADR) - perhaps [[mediation]] as a first step and then [[arbitration]]. If any litigation did occur, it would reduce the cost and time required to resolve it. A typical ADR boilerplate clause reads thus:

{{cquote|'''Arbitration of all Disputes.'''  As a material part of this Agreement, the parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement or the purchase of the Property, shall be determined by confidential, final and binding arbitration in Newark, New Jersey, in accordance with the then-existing rules for commercial arbitration of the American Arbitration Association. Disputes, claims, and controversies subject to final and binding arbitration  under this Agreement include, without limitation, all those that otherwise could be tried in a court to a judge or jury in the absence of this Agreement.  By agreeing to submit all disputes, claims and controversies to binding arbitration, each of the parties expressly waives its rights to have such matters heard or tried in a court before a judge or jury or in any other tribunal.  Any award shall be final, binding and conclusive upon the parties, subject only to judicial review provided by statute, and a judgment rendered on the arbitration award may be entered in any state or federal court having jurisdiction thereof.  Notwithstanding the foregoing, each party agrees that before undertaking the aforementioned arbitration, they shall submit all disputes, claims or controversies to a mutually agreeable mediator in an attempt to a informally resolve said disputes, claims or controversies without the need for arbitration.}} [[User:NathanLarson|NathanLarson]] 12:39, 1 March 2010 (EST)

{{cquote|'''Arbitration of all Disputes.'''  As a material part of this Agreement, the parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement or the purchase of the Property, shall be determined by confidential, final and binding arbitration in Newark, New Jersey, in accordance with the then-existing rules for commercial arbitration of the American Arbitration Association. Disputes, claims, and controversies subject to final and binding arbitration  under this Agreement include, without limitation, all those that otherwise could be tried in a court to a judge or jury in the absence of this Agreement.  By agreeing to submit all disputes, claims and controversies to binding arbitration, each of the parties expressly waives its rights to have such matters heard or tried in a court before a judge or jury or in any other tribunal.  Any award shall be final, binding and conclusive upon the parties, subject only to judicial review provided by statute, and a judgment rendered on the arbitration award may be entered in any state or federal court having jurisdiction thereof.  Notwithstanding the foregoing, each party agrees that before undertaking the aforementioned arbitration, they shall submit all disputes, claims or controversies to a mutually agreeable mediator in an attempt to a informally resolve said disputes, claims or controversies without the need for arbitration.}} [[User:NathanLarson|NathanLarson]] 12:39, 1 March 2010 (EST)