Re: ISPs as stakeholders

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

Jim and all,

Jim Dixon wrote:
> 
> 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.

  This is exactly correct.  A patition must be issued to the swiss
courts related to the U.S. courts dicisions.  Weather or not they
are allowed or ackowledged is dependant on the correstpondance
between the U.S. Courts disision and the type and wording of the
Patition issued to the Swiss courts.
> 
> 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.

  Exactly correct.  Swiss courts have a reputation of being less 
cooperative of other countries courts for several decades following
WWII, and even some time befor that.
> 
> 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.

  More than likely this is correct.  Unless the company sueing is
an international company or has Swiss Corprate registration.
> 
> > 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?

  If he does he is a fool!  I sure do.  I don't agree that the ACP's
ara a goo idea however.
> 
> --
> 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

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

Wisdom:   "One who knows others is wise,
           one who knows himself is enlightened."
           Lao Tzu