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.
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.
If that doesn't work, judgements can be registered in other courts for collection purposes.
OVH is different in that it's actually a French company.
In the end probably only the us companies will be left empty-handed.
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-v012... – see clause 14 on page 7
[1] for example https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-44198... – see clause 14 on page 6
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