Jeffrey V. Merkey wrote:
snip
Oh come on guys, WMF is not going to get swept away,
and they do not
enjoy "sovereign immunity" because they are
1. Not a State (11th Ammendment)
2. Not the United States Goverment (must have Waiver of Immunity)
3. Not an Indian Nation
I think we were talking about practical immunity from problems large
enough to cause problems. Not sovereignty.
They are a non-profit corp, which gives them all the
rights of any
citizen (since a corporation is a citizen).
Right. Which means in case of judicial error the corporation is likely
to be ordered to liquidate all assets if necessary to partially fullfull
any penalties assessed by the court.
Ever hear of anyone bankrupted by an auto accident?
They do GOOD THINGS, and they act in GOOD FAITH.
So we assume. Errors are possible. Some potential errors might be
costly and could be life threatening to the erring entity. Particularly
if at times cash reserves are low.
They are not going away (unless they want to), getting
smashed, or being
litigated into oblivion. If things really get
that bad, they can co-locate their hosting on Indian Land somewhere
under "Native American Language Preservation"
and then they truly will have immunity from most causes of action if the
program is run by one of the tribes with an English version
of the site as an adjunct "add on" non-primary site.
So are there Sovereign Indian Lands somewhere which directly border
Canada or Mexico such that a data fiber link could be established
between the international internet and the servers without crossing U.S.
jurisdiction?
regards,
lazyquazer