In the opinion of folks on this list, did the recent power failure in the northeast (started 8/14 and lasted several days in some places) constitute a force majeure event?
Thanks,
Brian Cashman
Merit
Yes in a way that whole part of a continent fell apart for 24+ hours.
But definately kudos to all those providers and colos who stayed up with a
generator system that actually works than having marketing value 
-hc
Brian Cashman wrote:
In the opinion of folks on this list, did the recent power failure in the northeast (started 8/14 and lasted several days in some places) constitute a force majeure event?
Force Majeure is by definition an "unavoidable" event. One avoids power failures
by installing and maintaining backup power. If your backup runs out of diesel
because the roads are blocked, then you probably did what was reasonable to expect
from you and could claim that the effects were unavoidable.
However, if your generator failed because you last serviced it for the Y2K hype and
forgot about it ever since, nearest mirror will be very useful for figuring out the culprit.
Pete
In the opinion of folks on this list, did the recent power
failure in the northeast (started 8/14 and lasted several days in
some places) constitute a force majeure event?
you have mistaken the nanog list for a legal consulting service.
we are geeks, not lawyers, and most of us are not even foolish
enough to play at being lawyers on the net.
randy
> In the opinion of folks on this list, did the recent power
> failure in the northeast (started 8/14 and lasted several days in
> some places) constitute a force majeure event?
The question is 'force majeure' from whose point of view? If the electric company blacks out my office for two days, at a site I'm not committed to 24x7 operation then, yes if a customer asks why I haven't done something I say 'force majeure'. If I'm claiming on my insurance for the wrecked contents of my freezer at home and my insurers claim the same I laugh and say 'see you in court' (at which time they usually capitulate rapidly.)
you have mistaken the nanog list for a legal consulting service.
we are geeks, not lawyers, and most of us are not even foolish
enough to play at being lawyers on the net.
This is of course, rubbish. Geeks *love* to be barrack room lawyers. In fact Randy,
I've sat next to you at dinner and heard you doing it. 