[EURO-Discuss] transparency on changes of rules

Thomas Roessler roessler at does-not-exist.org
Tue May 8 19:00:49 EDT 2007


In that case, why the formal-sounding language in the signing
statement?

I'd have much less trouble signing and selling a note that says
FITUG will in good faith perform the duties outlined in the MOU.

Regards,
-- 
Thomas Roessler   <roessler at does-not-exist.org>





On 2007-05-08 23:51:00 +0100, Nick Ashton-Hart wrote:
> From: Nick Ashton-Hart <nick.ashton-hart at icann.org>
> To: Thomas Roessler <roessler at does-not-exist.org>
> Cc: Roberto Gaetano <roberto at icann.org>,
> 	Discussion for At-Large Europe <euro-discuss at atlarge-lists.icann.org>
> Date: Tue, 8 May 2007 23:51:00 +0100
> Subject: Re: [EURO-Discuss] transparency on changes of rules
> Reply-To: nick.ashton-hart at icann.org
> X-Spam-Level: 
> X-Bogosity: Ham, tests=bogofilter, spamicity=0.000000, version=1.1.5
> 
> 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.
>
> On 08/05/07, Thomas Roessler <roessler at does-not-exist.org> wrote:
>> On 2007-05-08 23:36:29 +0100, Nick Ashton-Hart wrote:
>>
>> >> 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.
>>
>> In that case, I'm awaiting your explanation what the word "binding"
>> means when it comes to an agreement that is "not intended as a
>> contract for enforcement".
>>
>> (Your words, 28 March, archived at [1].)
>>
>> 1. 
>> http://atlarge-lists.icann.org/pipermail/euro-discuss_atlarge-lists.icann.org/2007-March/000191.html
>>
>> --
>> Thomas Roessler   <roessler at does-not-exist.org>
>>
>
>
> -- 
> -- 
> Regards,
>
> Nick Ashton-Hart
> PO Box 32160
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