Re: [ebxml-bp] Definitions found in "UNCITRAL Model Law on ElectronicCommerce" 1996

["Anders W. Tell" <anderst@toolsmiths.se>]

Martin,

The short answer is no, because signals are not something that is 
considered. Legal considerations usually concern concepts such as those 
found in slide 9 
<http://www.toolsmiths.se/documents/serviam_legal_20040202.pdf>

Two considerations that come close are Receipt and Notice, but Notice is 
mostly linked to the legal requirement of notification as defined in 
domestic law.

The evidential aspect is important: "reach the desk" -accessable for 
reading , is relativly simple compared to proving "reach the mind" - 
someone has actually read it..

It debatable if ebMS Acknowledge or BPSS ReceiptAck consitutes a Reach 
i.e. "reach the desk".

Here one may want to spell out the exact definition in a TPA, is it ... 
or ... that constitutes the legal effect and timeout calculations
  ebMS Acknowledge.dispatch
  ebMS Acknowledge.reach
  BPSS ReceiptAck.dispatch
  BPSS ReceiptAck.reach



/anders w. tell


martin.me.roberts@bt.com wrote:

>Anders,
>  Is there any term for a business signal that is not a data message?
> 
>Martin
>
>	-----Original Message----- 
>	From: Anders W. Tell [mailto:anderst@toolsmiths.se] 
>	Sent: Fri 06/02/2004 17:49 
>	To: ebxml-bp@lists.oasis-open.org 
>	Cc: 
>	Subject: [ebxml-bp] Definitions found in "UNCITRAL Model Law on Electronic Commerce" 1996
>	
>	
>
>	Dear ebBP team,
>	
>	For the discussion of definitions of messages etc. I offer these from
>	"UNCITRAL Model Law on Electronic Commerce", as 85th plenary meeting 16
>	December 1996. for consideration.
>	
>	"Article 2.  Definitions
>	For the purposes of this Law:
>	
>	    (a) "Data message" means information generated, sent, received or
>	    stored by electronic, optical or similar means including, but not
>	    limited to, electronic data interchange (EDI), electronic mail,
>	    telegram, telex or telecopy;
>	
>	    (b) "Electronic data interchange (EDI)" means the electronic
>	    transfer from computer to computer of information using an agreed
>	    standard to structure the information;
>	
>	    (c) "Originator" of a data message means a person by whom, or on
>	    whose behalf, the data message purports to have been sent or
>	    generated prior to storage, if any, but it does not include a person
>	    acting as an intermediary with respect to that data message;
>	
>	    (d) "Addressee" of a data message means a person who is intended by
>	    the originator to receive the data message, but does not include a
>	    person acting as an intermediary with respect to that data message;
>	
>	    (e) "Intermediary", with respect to a particular data message, means
>	    a person who, on behalf of another person, sends, receives or stores
>	    that data message or provides other services with respect to that
>	    data message;
>	
>	    (f) "Information system" means a system for generating, sending,
>	    receiving, storing or otherwise processing data messages.
>	    "
>	
>	/anders w. tell
>	--
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