Below I am sharing with you the English version of my presentation on “Standard Form Contracts and Significant Imbalance under French law”, which I delivered during our March 27 session at the Paris Bar Association Committee on Innovation, Digital and Audiovisual law.
It goes over the first applications of the protection mechanism set up by article 1171 of the French Civil Code (OVH’s liability) as well as recent case law decisions that defeat the strategy of American software editors to relocate to a foreign law or judge (Expedia & Microsoft rulings).