Re: ISPs as stakeholders

[Marcel Schneider <schneider@switch.ch>]

On Tuesday, 9 Dec 1997, Jim Dixon writes:
> 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, this discussion about whether Switzerland is a western country
or still under construction or if we're aliens from outer space
or still live the life of the great Troglodytes is not my taste.
You probably find pros and cons for every country. Let me just
assure you that many people from other countries have found ways 
how to deal with the Swiss and that we also have a fairly old
democratic system which seems to work.

So please do not expect any input from my side regarding such
matters. 

 
> --
> Jim Dixon                                                 Managing Director
> VBCnet GB Ltd                http://www.vbc.net        tel +44 117 929 1316
> ---------------------------------------------------------------------------
>    "The louder he talked of his honor, the faster we counted our spoons."
> ---------------------------------------------------------------------------
> Member of Council                                                 President
> Internet Services Providers Association                       EuroISPA EEIG
> http://www.ispa.org.uk                              http://www.euroispa.org


Marcel