[cabfpub] Limitation of Liability and Indemnification

[Ryan Sleevi]

On Thu, Oct 12, 2017 at 5:38 PM, Virginia Fournier via Public <
public at cabforum.org> wrote:

> Message: 3
> Date: Fri, 13 Oct 2017 00:18:33 +0300
> From: "Moudrick M. Dadashov" <md at ssc.lt>
> To: Virginia Fournier via Public <public at cabforum.org>
> Subject: Re: [cabfpub] Limitation of Liability and Indemnification
> Message-ID: <3b9e4544-5b18-7535-c712-1cf544d7d8c5 at ssc.lt>
> Content-Type: text/plain; charset="utf-8"; Format="flowed"
>
> 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.
>

Members of the Forum also aren't bound to abide by the Baseline
Requirements.

Given this, does that resolve your concern?


> 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.
>

Perhaps phrased differently - the BRs describe what such agreements MUST
and SHOULD contain. This is allowing a further modification (a MAY) to such
agreements. The enforcement and requirement that CAs agreements do or do
not contain such provisions is done by the root stores that individual CAs
partner with - not by the Forum.

No member of the Forum is bound to abide by the Baseline Requirements by
the Forum. The only document any member is bound to is to the IPR policy
(as per the mutual contracts signed).
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.cabforum.org/pipermail/public/attachments/20171012/d14f44ba/attachment-0003.html>