[Gnso-newgtld-wg-wt2] Relative article in regards to Terms and Conditions of Applicant Guidebook

[Michael Flemming]

Dear All,

Prior to our call this Thursday to discuss the T&Cs (Module 6) of AGB,
there was a suggestion to share this article in regards to the most recent
episode of the .africa court case. The previous ruling that stated the
"covenant not to sue" was unenforceable, has now been overturned in the
latest ruling on the case. As such, by this ruling, the covenant is now
enforceable.

http://domainincite.com/21529-africa-to-finally-go-live-after-judge-denies-injunction

My own understanding and interpretation of this is as it resonates in the
article, the covenant not to sue ICANN is enforceable. However, I would
very much like to hear back from our participants with a more legal
background on this.

I don't think this is case closed for us on the T&Cs, but perhaps will
provide for better discussion material this Thursday.

Any thoughts?

Regards,

Michael Flemming
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