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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Kent and all,

Kent Crispin wrote:
> 
> 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.

  Yes I have read this several times.  QUestion is, did the necessary
folks at the MoU also sign this amended 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.

  SIze of the company or entity should not be of any consideration in
these matters legaly.
> 
> --
> 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

Regards,
-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. IEG. INC. 
Phone :913-294-2375 (v-office)
E-Mail jwkckid1@ix.netcom.com