Re: [ga] FYI: Final Implementation Report and proposed new Bylaws

[Karl Auerbach <karl@cavebear.com>]

On Wed, 2 Oct 2002, Rick Wesson wrote:

> ARTICLE XVII: MEMBERS
> 
> ICANN shall not have members, as defined in the California Nonprofit
> Public Benefit Corporation Law ("CNPBCL"), notwithstanding the use of the
> term "Member" in these Bylaws, in any ICANN document, or in any action of
> the ICANN Board or staff.
> 
> and there goes the baby with the bath water....

For my evaluation of the fallicy of ICANN's position in that regard see my 
note at: http://www.cavebear.com/icann-board/platform.htm#full-members

Of course ICANN will claim, as they have always done, that my legal
positions are specious and unmerited.  I will merely refer to 
http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/20020807_auerbach_judgment.pdf

If that URL is too long, go to:
http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/

Could you remind me who was it who has claimed to have been the author of
ICANN's bylaws and thus probably the author of that assertion that "ICANN
shall not have members, as defined in the California Nonprofit Public
Benefit
                                ^^^^^^^^^^
Corporation Law"?

		--karl--



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