[EURO-Discuss] transparency on changes of rules

Nick Ashton-Hart nick.ashton-hart at icann.org
Tue May 8 18:36:29 EDT 2007

See below.

On 08/05/07, Thomas Roessler <roessler at does-not-exist.org> wrote:
> On 2007-05-08 13:05:50 +0200, Roberto Gaetano wrote:
> > I don't know what was the past correspondence, and I assume that
> > this is a question that ultimately will end, for a change :<(,
> > with the lawyers, but my understanding since the beginning was
> > that the relationship between ICANN and EURALO, including the
> > modus operandi of EURALO within ALAC, was going to be governed by
> > the MoU.
> I'm amazed by the role that, supposedly, the lawyers and the rules
> are playing here.
> On the one hand, there still isn't a clear indication what the
> status of the MoU really is -- is it binding, on whom, and so on.
> That would have been a set of questions that should have been
> resolved before the MoU was formally signed.

I'm afraid the above isn't a correct statement. The MoU is binding
upon those who signed it. It is not binding upon those who have not.

> On the other hand, some folks are so in love with the idea that
> there is a binding MoU that they now start calling lawyers to
> interpret the text that they wrote themselves just a month ago.
> Frankly, this style of discussion speaks badly of the things that
> are to come in the European RALO.
> Can't we have the discussion how to best represent the diverse
> perspectives that are present here in ICANN -- instead of talking
> about what diversity rules are in the MoU and what aren't?
> Can't we talk about how the different perspectives can collaborate
> constructively -- instead of having the current style of discussion
> which is, quite frankly, divisive to the point that I'm tempted to
> write all this off as an exercise in futility?
> --
> Thomas Roessler   <roessler at does-not-exist.org>


Nick Ashton-Hart
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