Dear All,
Prior to our call this Thursday to discuss the T&Cs (Module 6) of AGB, there was a suggestion to share this article in regards to the most recent episode of the .africa court case. The previous ruling that stated the "covenant not to sue" was unenforceable, has now been overturned in the latest ruling on the case. As such, by this ruling, the covenant is now enforceable.
My own understanding and interpretation of this is as it resonates in the article, the covenant not to sue ICANN is enforceable. However, I would very much like to hear back from our participants with a more legal background on this.
I don't think this is case closed for us on the T&Cs, but perhaps will provide for better discussion material this Thursday.
Any thoughts?
Regards,
Michael Flemming