[ppml] Policy Proposal 2007-15: Authentication of Legacy Resources

[William Herrin]

On 7/25/07, Leo Bicknell <bicknell at ufp.org> wrote:
> I'm really interested by the concept of an "implied contract" for
> legacy space.  I generally agree with the late great Samuel Godlwyn,
> "A verbal contract isn't worth the paper it's written on."  However
> I've attempted to put that aside and try to see things from the
> other side of the coin here.
>
> Performance / Delivery.  Now we get to some really interesting
> ideas.  If you take that part of the mutual consideration was the
> exchange of a range of addresses for contact information, than
> doesn't letting your contact information lapse (specifically e-mail
> and snail mail information that is undeliverable) represent breach
> of contract?  If your RDNS servers fall lame, would that be enough to
> represent breach of contract?

Hi Leo,

There's a big one here that many folks miss: when the law talks about
performance or delivery, it also means completion. Contracts generally
don't continue forever. When the goods are delivered and the warranty
expires, the contract is done.

If a contract fails to specify when or how a contract ends, the court
usually holds that its a "contract of indefinite duration," terminable
at the will of either party.

On the flip side, the courts generally hold that to be enforceable, a
contract which purports to run in perpetuity must be adamantly clear
that this is the parties' intent. Even then, they're frequently found
to be contrary to public policy.

Regards,
Bill Herrin


-- 
William D. Herrin                  herrin at dirtside.com  bill at herrin.us
3005 Crane Dr.                        Web: <http://bill.herrin.us/>
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