> I don't know if that is accurate, but if it is, an RFC
> is nothing more than a proposed standard. Even once it
> is adopted, I question the binding effect it would
> have in a court of law. Does anyone have case law that
> gives an adopted RFC the force of law? Even contract
> law?
I'm not sure what you expect when you look for "binding effect" in an RFC or a standard. Certainly nothing forces you to implement an RFC or even a standard. The question here is what does it mean if YOU CHOOSE to comply and others rely on it.
As for contract law, the UCC would be a good place to start, so lets look at it. It's what mostly governs copyright contract/licence formation and interpretation. Under the UCC an adopted internet standard would be "usage of trade" as defined below. To the extent that both parties acknowledge that they are attempting to comply with a named RFC (or any other document), I would expect that to also qualify as a "usage of trade" if it is widely adopted.
Under the UCC an agreement between parties is "found in their language or by implication ... from ... course of dealing or usage of trade". And that usage of trade is "to be proved as facts". Finally, not that it is black letter law that a usage of trade will "give particular meaning to and supplement or qualify terms of an agreement".
http://www.law.cornell.edu/ucc/1/1-201.html § 1-201. General Definitions.
(3) "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Act (Sections 1-205 and 1-206). Whether an agreement has legal consequences is determined by the provisions of this Act, if applicable; otherwise by the law of contracts (Section 1-103)
(11) "Contract" means the total legal obligation which results from the parties' agreement as affected by this Act and any other applicable rules of law. (Compare "Agreement".)
http://www.law.cornell.edu/ucc/1/1-205.html § 1-205. Course of Dealing and Usage of Trade.
(2) A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court.
(3) A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement.
(4) The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade.
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