Re: addendum to the gTLD MoU / Lack Of Credibility?

[Jim Dixon <jdd@matthew.uk1.vbc.net>]

On Thu, 18 Sep 1997, andi payn wrote:

> If they don't legally countersign the amended MoU, then there is nothing of
> binding force between the signers and anyone else. While this means, of
> course, that we would have little or no basis for suit against anyone on the
> basis of the MoU, amended or otherwise (assuming that my guesses about Swiss
> law are at all accurate), it also means that we would not be bound by
> anything in the MoU, even those parts that we signed without objection
> (again with the same caveat). In other words, the document itself would be
> legally meaningless.

You have to keep your eye on what's going on here.  

An MoU is not a contract.  It confers no legal rights.  

If you want to make an enforceable agreement, you sign a contract.  If
you want to give the other side some sense of what your contract might
look like, you sign an MoU.  An MoU's basic function is to make 
everybody feel better.

--
Jim Dixon                                                 Managing Director
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