[ncdnhc-discuss] Karl's case against ICANN

[Joop Teernstra]

At 11:30 19/04/02 -0700, Dave Crocker wrote:
>At 08:05 AM 4/19/2002 -0400, love at tap.org wrote:
>>Did people see what ICANN put in its lawsuit against Karl Auerbach?
>
>It is Auerbach's lawsuit against ICANN, not the other way around.

That is right. The civil judicial system is correctly resorted to in those 
cases that parties cannot agree among themselves.
It also makes them public, which is a public benefit.


>>   It was an amazing personal attack on Karl.
>
>Karl's continued attacks on ICANN have been pretty amazing, and his 
>failure to work collaboratively within the Board are, in fact, 
>counterproductive to the best interests of the corporation.  As such, his 
>bringing this suit ought to disqualify him for the position, since he has 
>so thoroughly failed to operate for the interests of ICANN, as is his 
>legal duty.

There are conflicting duties for elected directors of ICANN.
On the one hand they have a duty to represent their constituent voters and 
at the same time they have a duty to uphold the Bylaws of the Corporation.

To me this shows that a "Corporation" structure is not suitable for any 
form of (political) representation.

You will have to see what weight the judge will give to arguments such as
...Karl Auerbach is a "radical"
... the voting system was "experimental"
...the voters'  numbers that elected him do not reflect the number of 
North  American Internet users.

--Joop Teernstra LL.M.--
   interim webmaster
www.icannatlarge.com
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