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Re: (Original) Conflict resolution revisited
- Date: Wed, 20 Nov 1996 12:51:48 -0500
- From: David Collier-Brown <davecb@Canada.Sun.COM>
- Subject: Re: (Original) Conflict resolution revisited
Gert Blij wrote:
> Hence my suggestion to keep it out of the courts, any court, altogether,
> except for the jurisdiction of the court covering a standard DNS agreement
> which could be based on a similar concept like arbitrage.
Before trying to move it to contractual law, see if you can solve the
problem in the general case, without restricting it to a particular
type of law and a particular jurisdiction.
Turning this into contract law does three things
1) makes it necessary to journey to the US to resolve disagreements
2) pushes the problem of international law (trademark,
fairness, etc, etc) onto that particular court
3) raises the possibility of that particular jurisdiction
passing a law to restrict the contents of such a contract.
I think we need to consider this a technical standards problem
with real-world effects, and try to solve the problem in such a
way as to avoid undesirable real-world effects.
--dave
--
David Collier-Brown, | Always do right. This will gratify some people
185 Ellerslie Ave., | astonish the rest. -- Mark Twain
Willowdale, Ontario | davecb@hobbes.ss.org, canada.sun.com
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