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sld010.htm

Legal Costs and Article 2B

Slide 10 of 25 -- Scroll down for more text

UCITA also makes it very hard to sue a publisher over defects. The publisher has almost unrestricted choice of law and forum. For example, a publisher can declare that an American customer, buying in America, has to sue it in Ireland, or under Irish law.

Even if you can sue in the United States, UCITA makes it easy for the publisher to put a clause in your contract that says that at most, you can collect a refund. Even if you win, given the costs of the suit, you lose.

The publisher can go even further than the refund limit. The contract can even say that the customer can't cancel the contract, even in the face of a material breach of contract by the other side.

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Created before October 2004