Re: ISPs as stakeholders

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

On Mon, 8 Dec 1997, Marcel Schneider wrote:

> Got an answer for our lawyers and try to translate:
> 
> A 'Verein' (Association) is like an AG or GmbH (Ltd.) a juridical 
> person and can be sued like any 'normal' organization, i.e. in this
> context one with shareholders (not privately owned). So in this 
> respect your information has not been correct. There is no 
> difference between a 'Verein' and any of the above mentioned 
> public organizations regarding liability.

I have been doing a little research of my own.  

Apparently one of the problems is this: let us say that A sues B
in a US court and wins.  A will then get a court order.  If the
dispute is over a registration in .com, that court order is 
enforceable against Network Solutions, who are currently the 
registry for .com.

However, I am told, such court orders cannot be used against 
Swiss non-profits and therefore could not be used against CORE.

Many countries, including the United Kingdom, have reciprocal 
agreements with many or most foreign countries, so that foreign
judgements can be executed in the UK and vice versa.  Switzerland
is not nearly so cooperative with foreign courts.

Recall that the ACP mechanism is supposed to be an alternative to
the use of national courts.  If this interpretation is correct,
then in fact ACPs are the only alternative.  

> In my view founding CORE as a 'Verein' appears to have been a
> good idea. Any other questions ?


Yes.  Does your attorney disagree with the above?

--
Jim Dixon                                                 Managing Director
VBCnet GB Ltd                http://www.vbc.net        tel +44 117 929 1316
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