Hi Kurt, Tnx. I'm not privy to the way RIPE NCC organizes their events, but what you describe is what I meant yes. There will always be a nexus to RIPE NCC for official RIPE events. So both RIPE NCC and the individual CoC members could be held liable for the outcome of an inproper process. You are also correct they could be sued 'everywhere' (there has to be a nexus(event was held there, where an CoC member lives, where the 'person negatively impacted by the proces' lives or is employed etc.) but as RIPE NCC is based in NL, you will always have standing there. -- IDGARA | Alex de Joode | [email protected] | +31651108221
On Fri, 16-09-2022 10h 00min, Kurtis Lindqvist <[email protected]> wrote: > > On 14 Sep 2022, at 20:43, Alex de Joode " target="_blank"><[email protected]> > wrote: > > > > RIPE Legal can hopefully research what are the potential liabilities for > > RIPE, for the organizers of events and for members of the CoC itself. As I > > will assume that if an attendee is 'sanctioned' by the CoC, they might go > > to court if the impact is serious enough. They can do this either in NL or > > in the country that has hosted the event or even their own country if the > > impact is there. The outcome might not be very favorable for all of the > > above. > > > > So if a person gets sanctioned (banned from the event and maybe future > > events), and if he/she does not get to know what action got him/her banned, > > who complained etc. They could go to court in NL, request a 'voorlopig > > getuigenverhoor' where the CoC team members (and anyone they think has > > relevant information) have to answers questions (under oath, it's like a > > deposition). Those depositions could than be used in court for damage > > claims (loss of employment, libel/defamation). You can sue RIPE, the event > > or (individual) members of the CoC. Lawyers paradise and if you pick the > > jurisdictions correctly you might win the lottery several times over. We > > should ensure any process can standup scrutiny in court. That > > (unfortunately) means it has to be very 'court-like’. > > RIPE is not a legal entity. You would sue the persons that have made the > consequential allegations, i.e the officers implementing the CoC. They would > be personally liable for their actions. I am not a lawyer but I do not > believe this law suit would have to be in NL as there is not thing special > about NL in this regard. > > What you are describing (I think) is a situation where the RIPE NCC is > considered the organiser and the legal home of any activity covered by the > CoC. In this case the officers implementing the CoC would have to be > appointed by the RIPE NCC and considered legally employed (or covered) by the > RIPE NCC and therefor their indemnity insurance would cover it and it would > be dealt with in the NL. > > I have no idea if this was considered by the CoC taks force but I just want > to reiterate there is no RIPE legal entity. The officers implementing the CoC > are doing this under their own risk and responsibility. > > I am happy to be corrected by a real lawyer…. > > - kurtis - > > >
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