[Acct-Legal] Draft answers to Apr 17 memo

[List for the work of CCWG-Accountability Legal SubTeam]

Hi Greg,


> Also, is there are a change you would amke to #5?  Before hypothesizing
> that unincorporated associations would be disregarded in other
> jurisdictions, I think we would need a credibility check with our counsel.
> I am no cross-border litigator, but I would think that principles of comity
> (legal reciprocity among nations), among other things, would prevent or at
> least deter such a result.  Of course, even if unincorporated associations
> are disregarded, that is probably no worse than the current situation where
> SOACs have no legal status whatsoever (unless one believes that ICANN is
> protecting all of us from litigation).  Does the Legal Sub Team want to
> assign these questions to counsel?
>
>
I think that would be a good idea. My qualifying law degree was in Finland
and although the concept of unincorporated associations does exist in
Finnish law, it's a radically different animal than what is being described
in California. In Finland u.a.'s are structured in a form that translates
as 'leagues' with individuals entering at an entry level and the
organisation building upwards in regional or sectoral subdivisions, each
shielded legally from the actions of other divisions. A good way of
illustrating this would be sport clubs: one u.a. nay exist, call it Turku
United, but the structure is such the hockey division and the soccer
division are shielded from each other in terms of liability but joint
liability does accrue to individuals, in some cases, within the separate
divisions. The u.s. in Finland does not always shield individuals from
liability. Very different than California.

I hope comity would apply but I'd hate like heck to argue that in a court
in northern Finland. I think getting counsel to weigh in on this would be a
good idea.

Best,

Ed
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