[ga] Re: Pont of order

[Jeff Williams <jwkckid1@ix.netcom.com>]

Joe, Roeland and all,

  I am fairly sure that Joe is correct.  Hence my esrlier post on this
subject area.  Sorry Roeland.

!Dr. Joe Baptista wrote:

> Your making assumptions in law which are incorrect.
>
> On Mon, 31 Jan 2000, Roeland M.J. Meyer wrote:
>
> > As a point of order, the ONLY responsible parties, in the DNSO.ORG are the
> > Names Council. The last time I checked, neither Harald nor Roberto are on
> > the NC. Someone please correct me if my info is out of date. There are no
> > by-laws, anywhere, that even provide for a GA chair, much less assign that
> > entity a seat on the NC. Evenso, even the NC has marginal responsibility
> > within ICANN, the ICANN BoD has made sure of that. The DNSO is a wholely
> > operated entity of the ICANN, who has prime responsibility. Ergo and at
> > best, Joe's bitch is with the NC if not the ICANN BoD (with the ICANN BoD
> > having primacy).
>
> Incorrect.  Regardless of the ICANN by-laws there is a clear line of
> fiduciary responsibility.  Harald and Roberto are chairs selected by the
> NC, and the NC is creature of ICANN.  Ultimately - yes - the ICANN BoD is
> responsible and liable for what goes on here.  But the responsibilities
> starts with the chair and alternate, then it lands on the NC and then it's
> ICANN's fault.  Do you see how the responsibility tree works here Roland.
>
> >
> > In short, Harald can not be held accountable nor answerable, even if he
> > wanted to be. If he was smarter, he'd duck and defer Joe to the ICANN BoD
> > and leave it at that.
>
> If he were smart he would ask the NC for a reply and if the NC had no idea
> it would refer to the BoD at ICANN.  That's the correct method and follows
> the pecking order of corporate responsibility.
>
> > The other issue is that you can't have it both ways; Harald is either
> > legitimate GA chairman, or he is just another nobody. You can't hold him
> > responsible for an office which you don't acknowlege. That is patently
> > unfair in ANY court of ANY jurisdiction (saving the Napoleanic ones, of
> > course). I am sure that Joe knows better, but just wants to cause his usual
> > disruption.
>
> I do not recognize either Robert or the alternate Harald as our
> chairs.  They were not choosen by the GA.  That is a political
> reality.  The legal reality is that they hold the office and must
> effectively administer it - or there is legal liability which ultimately
> resides with the Bod.
>
> So don't accuse me of disruption.  At best I'm making a case that Harald
> and Roberto are evasive - and that liability again as I 've said before
> lands squarely on the ICANN BoD
>
> Regards
> Joe
>
> > Granted, Harald and I have some policy disagreements, but let's at least
> > play fair (if not nice).
> >
> > > -----Original Message-----
> > > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Jeff
> > > Williams
> > > Sent: Monday, January 31, 2000 3:42 PM
> > >
> > > Roeland and all,
> > >
> > >   But Harald is the illegitimately elected "Co-Chair" of the DNSO.  Hence
> > > Joes request for info.  As the DNSO is part of ICANN, he does in some
> > > small fashion bear the responsibility of providing the
> > > information requested
> > > under US law.  Should he fail to do so, other legal proceedings can be
> > > brought to bear.  It is the Illegitimate factor that may have
> > > some questionable
> > > bearing on this matter however.
> > >
> > > Roeland M.J. Meyer wrote:
> > >
> > > > I have no idea why you expect Harald to have thois information.
> > > He is not an
> > > > ICANN principle, or even an employee.
> > > >
> > > > > -----Original Message-----
> > > > > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf
> > > Of !Dr. Joe
> > > > > Baptista
> > > > > Sent: Sunday, January 30, 2000 4:06 PM
> > > > > To: Harald Tveit Alvestrand
> > > > >
> > > > > On Sun, 30 Jan 2000, Harald Tveit Alvestrand wrote:
> > > > >
> > > > > > After having come to the conclusion that you're not interested
> > > > > merely in
> > > > > > communicating, but discovering the correct respondent for
> > > some arcane
> > > > > > ritual of American law, the details of which I, being a
> > > > > Norwegian citizen,
> > > > > > know nothing about and do not wish to know about any time soon,
> > > > > I find that
> > > > > > I do not have that information, and am not willing to spend the time
> > > > > > finding out what it is, when you can do it as easily as me (or
> > > > > even more
> > > > > > easily, since you live in that timezone).
> > > > > >
> > > > > > Call them. Ask.
> > > > > >
> > > > > > I will not bother the list with further replies on this thread.
> > > > >
> > > > > So - you refuse to undertake your fiduciary responsibilities
> > > to provide
> > > > > and confirm my request for information, being the correct address for
> > > > > service on the dnso via icann, nor have you confirmed the
> > > party where I
> > > > > should direct my message to, nor will you provide the name of the
> > > > > insurance carrier who underwrites your and icanns liability insurance.
> > > > >
> > > > > You have effectively blocked me from making a formal motion
> > > based on the
> > > > > ga dnso rules you people have imposed on everyone here.
> > > > >
> > > > > Very well - QUESTION - do you have an email address for
> > > someone at icann
> > > > > who would know and can fullfill the duties you are abrogating.
> > > > >
> > > > > Regards
> > > > > Joe
> > > > >
> > > > >
> > >
> > > Regards,
> > >
> > > --
> > > Jeffrey A. Williams
> > > Spokesman INEGroup (Over 95k members strong!)
> > > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > > Information Network Eng. Group. INEG. INC.
> > > E-Mail jwkckid1@ix.netcom.com
> > > Contact Number:  972-447-1894
> > > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> > >
> > >
> >

Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208