Re: [wg-review] Clarifications requested from BoD, Staff, NC, TC,Chair prior to co-Chair elections

[Kent Crispin <kent@songbird.com>]

On Thu, Jan 11, 2001 at 10:56:39PM -0800, Karl Auerbach wrote:
> On Tue, 9 Jan 2001, Kent Crispin wrote:
> 
> > Fine.  So you bring a suit against the board for not following its
> > bylaws.  You get an injunction against the board not following the
> > bylaws.  The board amends the bylaws and proceeds with what it was
> > going to do.
> >
> > So what is the remedy?
> 
> The remedy is injunctive relief.

Yes, that is what the word "injunction" above refers to, I imagine.

> Can the board amend the articles/bylaws? 

That was stipulated in my question: "the board amends...".  So your 
answer is, I guess, "none".

> Sometimes, but not when doing so
> contravenes parts of those documents that have been placed beyond the
> power of the board (even ICANN has some sections like that) or goes
> against California law (like disenfranchising those who vote for board
> seats), or when the change is subject to approval of the membership, or
> when the change is contrary to the purposes of the corporation.

ICANN doesn't have members.  Lawyers I consider competent assure me that
your insistence to the contrary is seriously mistaken.  You are free to 
take your mistake to court.

[irrelevant sections of law pertaining to members deleted]

-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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