Re: [gnso-dow123] DRAFT redline of recommendation 2

[Vittorio Bertola <vb@xxxxxxxxxxxxxx>]

Il giorno dom, 24-04-2005 alle 15:59 -0400, Steven J. Metalitz IIPA ha
scritto:
>  As requested, I have taken a shot at revising the recommendation on a 
> procedure for handling asserted national law conflicts.  

I was not a member of the original task force that developed this, so I
feel the need to ask why are we choosing this approach. Wouldn't it be
much simpler if the ICANN lawyers developed different versions of the
RAA for the different countries?

I mean, I've seen plenty of global corporations opening up for business
in different countries, and I've never heard of any of them saying "we
have our model contract from our home country, our customers should sign
it as is, we're not going to adapt it to local legislation and we don't
care if it's illegal here until we get sued". All of them hire a local
lawyer and develop a localized contract that meets their needs as far as
possible, but follows local legislation. If you read this document, the
bottom line you get is "ICANN doesn't care about the national laws of
any country and will do as much as possible to escape them", and I can
tell you this is not the message you want to send around at this point
in time.

(Specifically, I also object to recommending that this kind of process
is kept secret and confidential... that's quite the opposite of what I
would expect from ICANN, especially in matters that regard the general
public such as this one.)
-- 
vb.             [Vittorio Bertola - v.bertola [a] bertola.eu.org]<-----
http://bertola.eu.org/  <- Prima o poi...