Re: [ga] .org: non-profit successor for NSI mandatory?

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

Thomas and all remaining assembly members,


  It seems to me that the language here is leaving allot open to
Consensus determination or some other process by which whom
will eventually end up with .ORG, should the new "Deal" be
approved, is not well defined.  I t should be in any GOOD
Contract of this nature, from what our legal staff is telling
me.

  Second here, is that it seems to me that ICANN is setting itself
up to manage .ORG itself.  This would meet the condition of
a non-profit company managing .ORG.  It also somewhat explains
the $5m in ICANN's hands and they could do just about anything with
that money even if another organization is not to become the registry
for .ORG.  So I would say that ICANN itself will be pocketing the
$5m for itself and any new registry for .ORG will get nothing or next
to none of these funds....  In the case that ICANN itself will be the
registry for .ORG, which is quite conceivable, of course they can than
justify keeping the $5m to do with as they wish as long as it is for the

.ORG registry of a related function of same....  And as many of you
know,
all kinds of games can be played with this; legal consulting fees to
associate's of Jones & Day, consulting fees to ex-ICANN BoD members
and staff, and even the justification of creating a CTO position within
ICANN itself so as to provide a salary for that position to someone that

has been particularly favorable to the ICANN BoD in the past, like
someone
with "Operational" experience...  There are several candidates that come
to mind
here.  I am sure that many of you know who these people might be as
well,
without me naming names....  >;)

  So given the ICANN BoD's track record with handling funding, the
$5m will not last long even if another non-profit organization is to be
the NEW Registry for .ORG, and the ICANN BoD determines what
and how those funds are to be used should this occur.  Kinda slick, huh?

Thomas Roessler wrote:

> <http://www.icann.org/nsi/proposed-org-registry-agmt-01mar01.htm>:
>
>         5.1.4 No later than 90 days prior to the Expiration Date,
>         Registry Operator will pay to ICANN or ICANN's designee the
>         sum of US $5 million, to be used by ICANN in it sole
> >       discretion to establish an endowment to be used to fund
>                                vvvvvvvvvvvvvvvvvvvvvvvv
> >       future operating costs of the non-profit entity designated
>                                ^^^^^^^^^^^^^^^^^^^^^^^^
>         by ICANN as successor operator of the .org registry.
>         Registry Operator agrees that such funds, once paid to
>         ICANN, will become the property of ICANN and/or ICANN's
>         designee, and that Registry Operator will have no ownership
>         or other rights or interests in such funds or in the manner
>         in which they are used or disbursed.
>
> Maybe some US lawyers here can enlighten us whether or not this
> clause constructs an obligation for ICANN to assign .org to a
> non-profit entity after NSI gives it up?
>
> --
> Thomas Roessler                 <roessler@does-not-exist.org>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k 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:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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