[RAA-WG] [At-Large] Third possibly final draft of RAA comments/TPB

[Danny Younger]

Eric,

As an attorney you are aware that in the context of
contract law, there are two categories of third party
beneficiaries; intended beneficiaries and incidental
beneficiaries. 

By what twist of the law do you regard the registrant
community as the intended beneficiary of the two party
contract between the registrar community and ICANN? 
As I see it, registrants are at best incidental
beneficiaries that have no enforceable rights under
such a contract.

Wishing it was otherwise is somewhat akin to a herd of
sheep passing a resolution declaring all wolves to be
vegetarians.  Nice thought, but the reality is still
otherwise.

Looking forward to your elucidation.


--- Hugh Dierker <hdierker2204 at yahoo.com> wrote:

> The section is a mainstay and yet it was taken out.
> Could it be put back in?
>    
>   Eric
> 
> Vittorio Bertola <vb at bertola.eu> wrote:
>     John L ha scritto:
>    
>   <snip>
>   
> Also, you removed the second bullet (and added a new
> one) in section 4 - 
> why?
> 
> Finally, you removed the section on intended
> beneficiaries of the 
> contract. I've seen that Bret already asked to
> reinstate it, and I 
> support that. (I had made it a separate section at
> the end to give it 
> more prominence, but, as you like.)
> 
> Regards,
> -- 
> vb. Vittorio Bertola - vb [a] bertola.eu <--------
> --------> finally with a new website at
> http://bertola.eu/ <--------
> 
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> 
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>
https://st.icann.org/alac/index.cgi?registrant_registrar_relations
> 
> 
> 
>        
> ---------------------------------
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