[EURO-Discuss] transparency on changes of rules

Vittorio Bertola vb at bertola.eu
Wed May 9 16:25:13 EDT 2007


Nick Ashton-Hart ha scritto:
> That's easy - just because something isn't meant to be enforceable in
> a court doesn't mean that the parties aren't bound to honour it. They
> are; it is an agreement made in good faith, and the parties agree to
> operate in good faith.

AFAIK, a piece of paper signed by the legal representatives of the 
parties is a private contract, is binding upon the parties, and can be 
enforced in courts (though there might be reasons why the court might 
declare the contract void, but you'd have to go to court to see what 
they think of it).

Personally, not being a lawyer, I perceived the MoU as a binding 
contract for those who sign it, ICANN included. If ICANN ever tried to 
escape its obligations... I would consider sueing it :-)
-- 
vb.                   Vittorio Bertola - vb [a] bertola.eu   <--------
-------->  finally with a new website at http://bertola.eu/  <--------



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