While I’m not a lawyer, my livelihood revolves around advising on the intersection of law, regulation, and business operations. I make a living on the slim pickings left by the lawyers as I navigate the outcomes of regulatory intentions to offer practical advice. In the domain name business, RVCs with any significant impact tend to affect either content or operations. You might as well label them Regulatory Value Constraints! Legal experts, like the fellas at Jones Day or in-house counsels, are well aware that implementing and enforcing such constraints amounts to ex ante regulation. In the common law jurisdictions where I make a living, regulators must provide an impact assessment. When regulation fails to deliver positive results or imposes undue burdens, the practice of forbearance comes into play. This means regulators often overlook both the explicit rules and their underlying principles, with the regulations often being effectively ignored for practical business operations. Such as those a public benefit corporation mindful of the laws of the Great State of California and an agreement with the United States Government would profess. In essence, everyone comes up roses. And that's the playbook here if we wish to see it codified. Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* ============================= On Sun, 19 May 2024 at 07:38, Bill Jouris via CPWG <cpwg@icann.org> wrote:
Definitely agree.
If it's in the contract, it needs to be enforced. Not just should be enforced. I'm not a lawyer (so Greg can perhaps correct me on this), but it seems to me that, if we routinely fail to enforce one provision of the contract, it weakens our position in trying to enforce any of the other provisions.
So, either enforce it or take it out. And if the other party, for whatever reason, needs a provision included, then by agreeing to it, we commit ourselves to enforcing it. If we are not willing/able to do so, then no contract. Bill Jouris
Yahoo Mail: Search, Organize, Conquer <https://mail.onelink.me/107872968?pid=NativePlacement&c=Global_Acquisition_Y...>
On Sat, May 18, 2024 at 11:33 AM, Greg Shatan [NARALO] via CPWG <cpwg@icann.org> wrote: _______________________________________________ CPWG mailing list CPWG@icann.org https://mm.icann.org/mailman/listinfo/cpwg
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