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Re: [ga] No Members?
- To: Roeland Meyer <rmeyer@mhsc.com>
- Subject: Re: [ga] No Members?
- From: Thomas Roessler <roessler@does-not-exist.org>
- Date: Thu, 5 Apr 2001 01:03:42 +0200
- Cc: "William X. Walsh" <william@userfriendly.com>, Dave Crocker <dhc2@dcrocker.net>, Bruce James <bmjames@swbell.net>, ga@dnso.org
- In-Reply-To: <9DC8BBAD4FF100408FC7D18D1F092286039DD7@condor.mhsc.com>; from rmeyer@mhsc.com on Wed, Apr 04, 2001 at 03:29:07PM -0700
- Mail-Followup-To: Roeland Meyer <rmeyer@mhsc.com>,"William X. Walsh" <william@userfriendly.com>,Dave Crocker <dhc2@dcrocker.net>, Bruce James <bmjames@swbell.net>,ga@dnso.org
- References: <9DC8BBAD4FF100408FC7D18D1F092286039DD7@condor.mhsc.com>
- Sender: owner-ga@dnso.org
- User-Agent: Mutt/1.3.17i
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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