Re: [ga] No Members?

[Thomas Roessler <roessler@does-not-exist.org>]

On 2001-04-04 15:29:07 -0700, Roeland Meyer wrote:

>> There are still two questions even I as a European who is not
>> familiar with California law can ask after having read the
>> relevant material (which is entirely available from the ICANN
>> web site), and these two questions went largely unanswered:

> First mistake: Limiting yourself to the ICANN web-site. You
> therefore rely solely on their interpretation.

In fact, the ICANN site was the quickest reference for the relevant
article I had at hand.

> Instead, go to the source;
> http://caselaw.lp.findlaw.com/cacodes/corp.html

Thanks for the URL.

> search for "PART 3.  NONPROFIT MUTUAL BENEFIT CORPORATIONS"

Sorry, but since when is ICANN a Nonprofit Mutual Benefit
Corporation?  The last time I looked it was a Nonprofit _Public_
Benefit Corporation, with part 2 of the law being applicable.

Also, please note that I was referring to Karl's argument at
<http://www.cavebear.com/ialc/platform.htm#full-members>.  There, he
refers to 5510, 5511, 5513, 5613, 5710, 5812, 6321, 6330, 6333,
6338, 5150, 5222, 5512, 5167, and - as the basis of his argument why
at large members are statutory members - 5065.  All these sections
are in part 2 of the law.  Do you seriously claim that Karl was
entirely wrong - even about the part of the law which is applicable
to ICANN?  Roeland, please don't be silly.

>> - Why does the California code specifically talk about a
>>   SPECIFIC PROVISION IN THE BYLAWS OR ARTICLES, when the
>>   legislator's "clear intent" was that any BOARD RESOLUTION
>>   which gives someone the opportunity to participate in an
>>   election of board members should be sufficient?

>>   Also, if that's the intent, why is 5056 (d)(2) there? (See
>>   <20010404072237.A26611@songbird.com> from Kent Crispin for
>>   details.)

> As mentioned earlier, to Kent, that's not even the appropriate
> section. 

Karl says it is, and he agrees with ICANN staff on this point.  To
me, this looks like strong evidence that it's indeed the right
section.

-- 
Thomas Roessler			    <roessler@does-not-exist.org>
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