Re: (Nearly) everything is feasible (was: somehting else.....)

[Michael Sondow <msondow@iciiu.org>]

Amadeu Abril i Abril a écrit:
> 
> Kent Crispin wrote:
> >
> > On Tue, Dec 22, 1998 at 10:54:22AM +0100, Roberto Gaetano wrote:
> > [...]
> > >
> > > Can I have a clear confirmation (in words that a layman with average IQ like
> > > myself can understand) that
> > >
> > > It is intended that Supporting Organizations and their councils will have a
> > > separate organizational identity from that of ICANN, and that ICANN's
> > > relationship with the SO's, to the extent necessary apart from the bylaws,
> > > will be by contract.
> > >
> > > means that the DNSO must be incorporated separately?
> ç
> As Kent already replied, this seems to be the easiset, fastest and cleanest
> solution under current constraints (ie, ICANN's note on SOs), if not the only.

A note from those people is now a "constraint" on the Internet community? I beg
to remind you that the U.S. Government told the Internet community to
self-organize, not to take orders from five people about what they have to do.
Are you abdicating your role as a representative of the DNS interests? If so,
then say so and let others do it. If you are a servant of a Washington lawyer
and the ex-VP of EFF, then you don't merit the trust that the White Paper put in
you: to self-organize and self-regulate the Internet.


> [...]
> > To me, separate incorporation is just the cheapest way to get
> > liability coverage.  But you raise a *very* interesting point --
> > would it be possible for 1) the DNSO to have a "separate
> > organizational identity"; 2) the DNSO to be separately incorporated
> > (for strictly liability reasons); but 3) still a division of ICANN?
> 
> Well, "division", as you say, is not the word to consider hee. If you have two
> corporations, you have two, different, legal fictions: two "legal persons".
> With "formally (egally) differnet" names, seats, memberhsip....
> 
> But, as you say, nothing prevents you form establishing "autmatic linkages" of
> any sort: shared seat; "replicated" membership... In this case, you could
> simply provide, if tyis is what your wre looking for, that anyone joining
> corporation B (DNSO) as a member, be "automatically" (qith some caveats)
> become a member of corporation A (ICANN.
> 
> If this is needed or not is a different issue.
> 
> The bottom line is: nearly everything is feasible in corporate law(s). In most
> of them, and if not, jsut shop around for a more flexible one ;-) But feasible
> does not always mean simple, or even practical.
> 
> Amadeu, after allowing his eyes some well-desserved rest ;-))