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

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

Jim and all,

Jim Dixon wrote:
> 
> On Tue, 16 Sep 1997, andi payn wrote:
> 
> > Ignore? I read the MoU and every document on the web sites and never saw
> > anything about this. 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?
> 
> There are delightful possibilities here, aren't there?  Your sidenote
> should be able to replace the MOU with another (my new version of the
> MOU would be one that prohibited modification by sidenotes, of course ;-)
> 
> >                        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?
> 
> ? a search for "indemnif" doesn't find anything.
> 
> > 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...
> 
> I had an interesting discussion yesterday with someone who said that the
> people who framed the gTLD MOU document suite were IPR (Intellectual
> Property Rights) lawyers, not contract lawyers, and that the result of
> this was a structure that was well-designed for the purposes of the IPR/
> trademark crowd, but would not stand up in court.

  I must admit the document does appear that way from a language
standpoint.  I agree, it not only will not stand up in court, it
on the whole is in violation ot the Telcom Act 1996, as I have 
spicificaly pointed out the exact provisions to which the MoU 
ins in violation of on this list.  Hence, if inacted or accepted,
and any of the signatories or registrars there unto partaining,
will also be in violation of the Telcom Act 1996 in at least
three areas or sections and two sub sections. 
> 
> --
> Jim Dixon                                                 Managing Director
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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