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RE: Request for community guidance on issue concerning a future meeting of the IETF

2009-09-27 00:32:42
Regarding the potential clause in the contract that has caused this discussion, 
which includes the text: 

   ... Should there be any financial
   loss incurred to the Hotel or damage caused to the Hotel's
   reputation as a result of any or all of the above acts, the Hotel
   will claim compensation from the Client."

Again, speaking as an individual, I have a question:

I understand that it is unlikely that anything bad will happen as a result of 
this clause in the contract. However, I am wondering what the worst downside 
could be. 

Suppose that some IETF participants (whether regular participants or people who 
just show up this one time) were to wage some sort of demonstration that was 
bad enough to get the meeting stopped in the middle. Suppose that as of the 
time that the IETF meets several other groups have reserved the hotel for 
conferences later in the year. Suppose that one or more of these other groups 
hears about our meeting being stopped, and decides to cancel their meeting (and 
presumably move it somewhere else). Would whomever signs the contract (whether 
IAOC or ISOC or the host or whatever) be responsible for the losses that the 
hotel would suffer as a result of the cancellation of these other meetings? To 
me this seems like it *might* be covered by "financial loss" and "damage to the 
hotel's reputation". Just who would be at risk? 

I am not a layer. I don't play a lawyer on TV or via email or anywhere else. 
However, this looks to me like an unlikely outcome but one that could be very 
bad. Thus this would at least seem like a good question to ask the IETF's 
lawyer. 

Ross



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