Re: Partial executability/ determinism of a Chor description language

Assaf Arkin wrote:

>
> <<Monica J. Martin wrote:
>
>> mm1:  I would say that the WSDL MAY be legally binding, but it is not 
>> the contract.
>
>
> I'm not sure if we can go far without agreeing that WSDL is a 
> contract, or binding agreement, between two parties, in our case 
> services. If it's not a binding agreement, why even bother using it?

mm1:  It is an expression that can reference back to an agreement. I 
would ask: (1) Is it appropriate that WSDL be an expression of a binding 
agreement or optionally designated as legally binding or not, and/or (2) 
Is it appropriate that the WSDL point to the overriding agreement 
associated with the context the agreement provides for the expression?

>
> It's a contract in the sense that it binds two parties to do something 
> in a very specific way. It is not by itself a legal contract, rather 
> it's an "efficient" contract. An efficient contract that specifies all 
> that is material to that particular binding agreement. The majority of 
> contracts fall into that category. The price sticker on a product is 
> an efficient contract, a binding agreement to sell the product at that 
> price. Similarly for a coupon you cut out of a newspaper or a 
> sweepstake code you find in a bottle cap, etc.

mm1:  See first response.

>
> I know people would object to this notion since WSDL does not have 
> "the receiver party and sender party agree to..." verbiage we tend to 
> equate with contracts, but it really boils down to whether it says 
> anything that can be considered a binding agreement in a particular 
> context. Has anyone asked a lawyer to see what they would say?

mm1: Let's separate the fact that there is a contract, that it is 
binding and whether than binding is attached to the WSDL (as well as to 
the execution later....).

>
> arkin >>

Received on Monday, 2 June 2003 17:53:19 UTC