[Fwd: (tq761)]

["Monica J. Martin" <Monica.Martin@Sun.COM>]

Dr. Laurence Leff, LegalXML, provided these references back to us on our 
discussion on isLegallyBinding.  If you look at these references, our 
discussion and potential resolution is similar to other approaches 
identified (see Dr. Leff's references below). It appears on first glance 
that the key is to allow a pointer to guiding principles.  I have also 
asked Dr. Leff to indicate if MIT published a report on their previous 
eCommerce effort. Thank you.

>Dr. Laurence Leff: 
>
>Thank you for sharing the deliberations regarding the "isLegallyBinding" attribute with the
>Legal XML Member Section e-Contracts Technical Committee.
>
>I sent you a packet earlier (my reference ** tq672 **) that precisely
>addresses
>the legal binding of XML documents exchanged under the
>control of ebXML.  
>
>Also, thanks for sharing Mr. Jamie Clark's historical remarks.
>In 
>that spirit, I note some earlier history.  The Electronic Trading Partner
>Agreement for E-Commerce (tpaML)
>Presubmission Draft of 2000 included a 
>"Comment Field."  Althought it could be used for many
>purposes, the draft said it could "identify a traditional
>paper contract that accompanies the TPA" or it might
>include a statement such as "if Hotelco is not reachable for more
>than three consecutive days, Hotelco will offer the customer
>free two nights stay."
>Similarly, the eCo architecture of 1999 had a Tag "TermsAndConditions"
>which could apply to networks, markets or businesses.
>However, none of these proposals provided any more
>specific markup for
>specifying the legal terms and conditions
>that applied to the electronic commerce.  But, in the
>Summer of 2000,
>the Massachusetts Institute of Technology Electronic Commerce
>Architecture Project
>published a proposal for precisely specifying this information (
>which I was an author).
>
>Again, thanks for alerting our Technical Committee.  Please
>let me know if you need another copy of the above-referenced
>information.
>
>Sincerely yours,
>
>
>
>Laurence L. Leff, Ph.D.
>Associate Professor of Computer Science
>
>cc: Monica.Martin@sun.com
>  
>