[ga] legal questions

[Jefsey Morfin <jefsey@wanadoo.fr>]

when I consider the contractual reservation of domain names through the 
gTLD contracts, the organization of the sunrise period through these same 
contracts, the GAC motion to reserve national DNs in ".info", I feel that 
this is direct and indirect co-management of a registrar activity.

1) This seems to conflict with the ByLaws which say that the ICANN has is 
forbidden to act as a Registry and a Registrar.

2) Let suppose these matters would not be contracted, but submitted to a 
declaration by the TLD Manager listing the reserved DNs and accepting full 
responsibility for organizing the sunrise period, ICANN globally accepting 
that statement or not.

Would this permit the ICANN to bear a lower responsibility in the .biz case?
Could the violation of the ByLaws above (if any) be a point against the 
ICANN in the .biz case?
If violation of the ByLaws, could the personal responsibility of Staff and 
Directors be engaged if ICANN lost the case?

Jefsey

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