Re: Conditional Signing of the MoU? (Re: The Price Of Admission is Acceptable.)

[Kent Crispin <kent@songbird.com>]

On Wed, Sep 17, 1997 at 09:02:59AM +0800, jz@sun.midwest.co.cn wrote:
> John Charles Broomfield wrote:
> 
> >A detail that many seem to ignore, is that you can sign the gTLD-MOU with
> >your own "sidenotes" if you want (ie your own opt-out clause). Much the way
> >that Digital signed...
> 
> Ignore? I read the MoU and every document on the web sites and never saw
> anything about this.

Obviously, you did not read every document on the web site:
http://www3.itu.int/net-itu/gtld-mou/decadd.htm

It's linked to from the Digital signature page...

> Can someone explain this to me? I can insert sidenotes,
> sign the modified MoU, and join PAB? Can I insert sidenotes that contradict
> provisions of the MoU? Can I add that I agree with principles a-e but not
> necessarily with anything else in this document? Can I add that my signature
> shall not be used as an endorsement of the MoU or iPOC, even by counting it
> in a sum of total signatures? Can I add that I refuse to indemnify iPOC or
> POC for damages regardless of what it says in the MoU?

In a word, no.  The way the Digital addendum reads is that it 
supports the basic concept pf the MoU, but that it thinks that some 
things need to be fixed, and that Digital is going to work to get 
those things fixed, and if they aren't, Digital reserves the right to 
terminate its agreement with the MoU.

> What exactly is "the way that Digital signed" anyway?
> As I understood it, the MoU is much like a contract. If you write a contract
> sign it, then give it to me, and I make changes to it and sign the changed
> version, it's not a valid contract until you sign my changed version. Of
> course I don't know Swiss law...

IANAL.  My impression is that the addenda cannot actually contradict
the MoU, they can only clarify.  It will have to pass legal muster,
too.  Since Digital is a big, important company, it was probably worth
having a lawyer look over their addendum.  I don't think they would
have bothered for Songbird. 

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com			the thief he kindly spoke...
PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
http://songbird.com/kent/pgp_key.html