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Re: [ga] Cavebear overcomes stonewall. Auerbach wins decisively.
Jeff Williams wrote:
>
> Gary and all assembly members,
>
> Gary Osbourne wrote:
>
> > Bret Fausett, who attended the court case this
> > morning, has the details at:
> > http://icann.blog.us/
> > As they're still being posted I won't link to an
> > individual item. Congrats to Karl and real openness.
> > Let's see ICANN spin this one. -g
>
> Well you can read all about it here:
> http://www.icann.org/announcements/advisory-29jul02.htm
That's the ICANN spin, alright. Getting dizzier by the
minute :-)
Cryptome has (an unofficial version of) the actual
ruling:
http://cryptome.org/auerbach-icann.htm
" ... the court concludes that ... the Inspection
" Procedures conflict with section 6334 and ... the
" Bylaws by unreasonably restricting directors'
" access to corporate records and depriving directors
" of inspection rights afforded them by law.
"
" Furthermore, Lynn's 10/5/01 letter violates both
" section 6334 and Bylaws Article V, Section 21 because
" it deprives Auerbach of the inspection rights he has
" under law and imposes such unreasonable requirements
" as having to sign a confidentiality agreement and ...
"
" Based on the undisputed facts, there is no triable
" issue as to any material fact and Petitioner Auerbach
" is entitled to judgment as a matter of law granting
" his Petition for Writ of Mandate.
"
" Respondent's Motion for Summary Judgment is denied.
"
" A Writ shall issue, the terms to be determined at
" the hearing after argument.
Her honour is not spinning their way.
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