Hi Roberto, 

I think it's more a matter of, not only if something happens to us we cannot sue ICANN.  But if whatever happens is fatal (so we are not around to sue), our estate/heis can't sue either. 

Lawyers get paid to think up worst case scenarios, and then write clauses to preempt them.  And in a country where there is a whole class of lawyers who will offer to bring a suit for you, with no charge unless they win (in which case, they get a cut of the take), there's a lot of essentially frivolous law suits filed by people for the same reason people buy lottery tickets: small cost to them and an outside chance of a big payday.  But ICANN still has to spend money defending those cases -- unless they can get the case dismissed out of hand via a clause like this. 

Cheers, 

Bill Jouris 

Sent from Yahoo Mail on Android

On Fri, Jul 22, 2022 at 10:35 AM, Roberto Gaetano
<roberto_gaetano@hotmail.com> wrote:
Hi Bill

Not radical, but with some imaginative clauses that sound weird to the ears of somebody that is not a lawyer and does not live in a country that is particularly inclined to solve matters in courts.

Here is an example that, if taken seriously, would oblige me to ask some questions:
This Liability Waiver and Release is specifically binding upon my heirs and assigns and is knowingly given.

Do I need to ask my (hopefully future) heirs to also sign the waiver? And if they don’t want, or even produce an official document, signed in the hands of a notary or other official authority, that they specifically do not acknowledge the obligation of being obliged to comply with this clause - maybe saying that they formally recommended that I take this trip, what would happen? How can ICANN enforce this clause in my jurisdiction - actually, in the jurisdiction of my heirs - in front of a formal statement of them prior to the fact? And if I attach this document of my heirs to my application, what would ICANN do? Reject my registration because one of the clauses of the waiver is not enforceable?

This is one more reason for loving the ICANN community, never a dull moment and a lot of fun :-)

Cheers,
Roberto



On 22.07.2022, at 18:18, Bill Jouris via At-Large <at-large@atlarge-lists.icann.org> wrote:

As such things go, this isn't a particularly radical waiver.  A bit wordier than average, but nothing novel in substance.  

Bill Jouris 


On Fri, Jul 22, 2022 at 8:20 AM, Marita Moll via At-Large
<at-large@atlarge-lists.icann.org> wrote:
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