- From: Shane Wiley <wileys@yahoo-inc.com>
- Date: Fri, 19 Oct 2012 07:36:22 -0700
- To: David Wainberg <david@networkadvertising.org>, Walter van Holst <walter.van.holst@xs4all.nl>
- CC: "public-tracking@w3.org" <public-tracking@w3.org>
Has there ever been a court case anywhere in the world over the merits of the implementation of a voluntary technical standard (outside of IP/patent issues)? Of course we have many, many examples on the policy side where the decision of enforcement spins on a single/few word(s) in a privacy policy. This is why, in purely the POLICY context, we need to feel comfortable with exactly how SHOULD and MUST 'should/must' be interpreted. A challenge - do we need SHOULD at all in the document? Example provisions? - Shane -----Original Message----- From: David Wainberg [mailto:david@networkadvertising.org] Sent: Friday, October 19, 2012 7:22 AM To: Walter van Holst Cc: public-tracking@w3.org Subject: Re: ACTION-295: Should v. Must Hi Walter, You are a lawyer, yes? I have not had the opportunity to try to interpret the definitions of RFC2119 in a legal context. Can you explain how you have counseled clients when implementing a SHOULD provision of a standard where there is legal liability attached? Do have any examples of bases under which you have felt comfortable counseling a client that they can ignore a SHOULD requirement? Best, David On 10/19/12 4:08 AM, Walter van Holst wrote: > On 10/19/12 12:47 AM, Roy T. Fielding wrote: >> That is why, when Berin cautioned that a group of regulators or >> legislators or a judicial process would interpret these words more >> forcefully, our response was that they are INTENDED to be interpreted >> forcefully -- they are requirements of the protocol. >> That is why we have a normative reference to RFC2119. > I agree wholeheartedly and also have to confess I was rather puzzled > by the ease with which terminology that has been around for a long > time and formalised in 1997 in a period in which a great deal of > internet standards came to fruition all of a sudden was dismissed as too vague. > > Regards, > > Walter > >
Received on Friday, 19 October 2012 14:37:15 UTC