Re: gTLD-MoU questions

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

Tonje,

Tonje Gulliksen wrote:
> 
> Dear All,
> 
> I am writing a Master of Laws Dissertation on Domain Names and Trademarks.
> However, I find it really hard to get a good understanding of the gTLD-MoU
> documents.
> 
> First of all, my question is; in a legal context, what gives the gTLD-MoU
> force? Contract law? Private international law or public international law?

  The answer is unclear at this time really.  IMHO, all of the above, is
the correct answer.
> 
> If this is contract law, which country's laws will govern the contract?
> Swiss law?

  Hard to say here.  According to some, Swiss law would be certianly
perferable.  But the U.S. Congress doesn't agree.  
> 
> When will it enter into force? The gTLD-MoU itself (section 11 (b)) states
> that the MoU will enter into force when IANA and ISOC have signed it.
> According to the list of signatories, they have both signed it. So what will
> happen now?

  Lets hope that the gTLD-MoU and CORE-MoU never enter into force in
their current form, as they are both seriously flawed and do not have
broad International or U.S. National support (See signatories).  The
fact that the IANA and ISOC have indeed singed the MoU, is in no way
a strong endorsment, in that they are both either partialy funded,
or compleatly funded by U.S. Taxpayers, to which the U.S. Congress
has NOT approved the transition plan as of yet.
> 
> However, if one looks at the list of signatories, and considers what bodies
> are missing, it seems like the most important Internet players, the
> engineers that run the root server system, have not signed. The Internet
> Engineering Task Force and the Internet Engineering Steering Group are
> missing - are they likely to sign?

  These org's are playing a wait and see stratigy presently.  Who knows!
> 
> How will the signatories to the gTLD-MoU be bound by changes?
> What will keep them bound to changes in the future?
> I understand that stability is crucial in this area.

  At present, in that the MoU is not a legal document in the strictest
sense, nothing keeps them bound to anything, See Digitals amended
signatory statment.  This is endemic of part of the problems with
the MoU to it's core really.  That and lack of broad Internet
Community support.
> 
> If you want to sign the gTLD-MoU, do you sign it with all the other
> signatories or the IANA and ISOC only? Moreover, is the gTLD-MoU the only
> document one may sign? Is the gTLD-MoU the key document, that all the other
> documents (CORE-MoU etc.)refer to? Will the endorsement process close, or
> will the gTLD-MoU be open for endorsements all the time?

  As far as the FAQ files seem to indicate, though very indirectly,
you can sign at anytime as an individual if you like.
> 
> Thank you for your time.
> 
> Regards,
> 
> Tonje.
> 

Regards,

-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. IEG. INC. (Soon to be INEG. INC) Stay tunned! 
Phone :913-294-2375 (v-office)
E-Mail jwkckid1@ix.netcom.com

Hamlet: Has this fellow no feeling of his business?
Horatio: Custom hath made it in him a property of easiness. 

  --William Shakespeare, Hamlet (Act V, Scene 1)