[cabfpub] Limitation of Liability and Indemnification

[Virginia Fournier]

Message: 3
Date: Fri, 13 Oct 2017 00:18:33 +0300
From: "Moudrick M. Dadashov" <md at ssc.lt <mailto:md at ssc.lt>>
To: Virginia Fournier via Public <public at cabforum.org <mailto:public at cabforum.org>>
Subject: Re: [cabfpub] Limitation of Liability and Indemnification
Message-ID: <3b9e4544-5b18-7535-c712-1cf544d7d8c5 at ssc.lt <mailto:3b9e4544-5b18-7535-c712-1cf544d7d8c5 at ssc.lt>>
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Could you please explain why you think BR and EV Requirements are only 
binding on members of the Forum?

Thanks,
M.D.

Hi M.D.

I can see why this would be hard to understand.

Entities who are not members of the Forum have nothing that would legally bind them to abide by those limitations.  They aren’t members, so they aren’t bound by any of the Forum documents - Bylaws, Baseline Requirements, etc.  They don’t have a written agreement with the Forum to abide by certain requirements, so they’re not bound that way either.  

The best way to make the limitations binding on the Subscribers, Relying Parties, etc. would be for the CAs to enter into agreements with those parties, and try to get them to agree to the limitations.  But, again, they could just ignore the limitations.

As an example, let’s say you and I make an agreement that you will sell a car to my friend Bob for $5,000.  We sign the agreement and you’re ready to deliver the car to Bob.  You get to Bob’s house, and he wants the car for $2,000.  You say that you agreed with me to sell it for $5,000.  Bob says tough turnips, he wasn’t part of that agreement, it’s his money, and he won’t pay more than $2,000.  You would have no choice but to sell Bob the car for $2,000 or find a new buyer.  The agreement that you and I made for $5,000 isn’t binding on Bob, because he wasn’t part of the agreement.  Does that make sense?

Virginia 


On 10/13/2017 12:08 AM, Virginia Fournier via Public wrote:
> Hi all,
> 
> I want to weigh in on this from a legal perspective.
> 
> The limitations on liabilities and indemnification provisions included in the Baseline Requirements and the EV Requirements are only binding on members of the Forum.  In other words, these limitations are not binding on parties such as Subscribers and Relying Parties, and they do not have to accept the stated amounts.
> 
> So, CAs can try to obtain the limitations you?ve enumerated below, but they do not have to be accepted.  For example, a Subscriber could demand a unlimited liability, and the CA would have to decide how to proceed.
> 
> Also, what is ?legally recognizable and provable claims? intended to cover, or exclude?
> 
> 
> Best regards,
> 
> Virginia Fournier
> Senior Standards Counsel
> ? Apple Inc.
> ? 669-227-9595
> ?? vmf at apple.com <mailto:vmf at apple.com>
> 
> 


Best regards,

Virginia Fournier
Senior Standards Counsel
 Apple Inc.
☏ 669-227-9595
✉︎ vmf at apple.com <mailto:vmf at apple.com>






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