Nick Ashton-Hart wrote:
Some thoughts:
Since a memorandum of understanding is not a contract, it does not need to provide for jurisdiction like a normal legal contract would do. None of the other MoUs have provisions related to jurisdiction.
On the other hand, if the MoU is not a contract, it doesn't provide the signing ALSs or RALO any remedies if ICANN breaches the terms of its agreement such as by failing to support the secretariat, failing to make documents available, or continued lack of transparency. Perhaps the ALSs want stronger remedies -- i.e., maybe we want to push for a real contract with a real possibility of money damages. --Wendy -- Wendy Seltzer -- wendy@seltzer.org Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/