Re: [ga] Important New Ruling

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

James and all,

  Also see the Lorraine decision, which indicates that even
eMail notification is not legally viable as a valid from of
notification, according to Judge Grimm.  Of course,
this is in part why I have been trying to get across
to Debbie that there really is no such thing as
"Authoritative" in regards to a Web address.


James S. Tyre wrote:

> At 02:16 PM 7/26/2007 -0700, Karl Auerbach wrote:
> >Danny Younger wrote:
> >>"A company cannot change its contract with consumers
> >>simply by posting revised conditions on its website, a
> >>US appeals court has ruled" --
> >>full story here:
> >>http://www.theregister.co.uk/2007/07/26/online_contract_changes/
> >>Court decision here: http://pub.bna.com/eclr/0675424_071807.pdf
> >>As I read it, this ruling should impact registrar
> >>Terms of Service Agreements.
> >
> >Don't read what isn't there.  This was a decision that is quite
> >dependent on the law of the particular jurisdictions involved.
> >
> >I only skimmed the opinion, but much seemed to involve the lack of
> >notice.  A registrar might be able to avoid this problem simply by
> >sending a notice via an email to one of the registration contacts or
> >by setting up an RSS feed and requiring registrants to monitor it.
>
> More specifically, complete lack of notice.  The court distinguished,
> for example, the situation where your credit card company changes
> your contract by stuffing a supplement in the envelope with your
> monthly statement.
>
> Interesting question whether the court would bless a forced RSS
> feed.  I don't think so, but I know that the court has never come
> close to that issue.
>
> >In fact, one thing that ICANN could set up is an aggegator (serving
> >as a kind of gazette of notices) for registrar announcements.
> >
> >                 --karl--
>
> --------------------------------------------------------------------
> James S. Tyre                                      jstyre@xxxxxxxxxx
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> Co-founder, The Censorware Project             http://censorware.net
> Policy Fellow, Electronic Frontier Foundation     http://www.eff.org

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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