Dave Crocker got the rebuke from karl and michael froomkin he so
richly deserved. It's too bad you had to come to his defense.
karl's initial request was for unlimited access (fine) AND ability
to release without limit any material he saw fit.
Vint you are mistaken. please document you assertion. I have
followed karls statements very carefully and he has been extremely
careful to say that he never asserted such a right. Cite your source
ICANN responded with a procedure to protect confidentiality.
it took ICANN 10 months to come up with a procedure that had karl
signed it would have been an effective gag order
Karl never took advantage of that (others did)
I understand there was one other a director named davidson who
signed and then looked at the records, said golly gee i don't see
anything here karl you just aren't a team player. well VINT no
kidding karl sure isn't a team player..... he was elected on a
platform that ICANN need to be cleaned up.
but instead sued. I would note that his position as to
access/release changed, at least as I understand it, after the suit
I am sure he will speak for himself but it is my understanding that
his position on release of records NEVER changed.
Karl gets records in non confidential records that are in electronic
form tomorrow VINT, records ICANN considers 'confidential' he will
inspect on sight. I think it will be interesting to see whether the
general ledger is withheld as confidential.
BUT VINT, lets look at the court record OK rather than make
convenient but erroneous assertions.
Having considered the applicable law and the undisputed facts
presented herein, the court concludes that paragraphs 3, 5, and 6 of
the [ICANN] Inspection Procedures conflict with section 6334 and Art.
V, §21 of the Bylaws by unreasonably restricting directors' access to
corporate records and depriving directors of inspection rights
afforded them by law.
Cook: Vint, that is the judge saying ICANN's procedures were illegal.
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 having
to pursue burdensome review in any effort to enforce his inspection
Additionally, the Inspection Procedures here apparently have not even
been adopted by the ICANN Board of Directors, but were promulgated by
an ad hoc group of functionaries consisting of the Audit Committee,
Louis Touton, Diane Schroeder, and Lynn (Auerbach Dec. Ex. 17, 18,
Cook: Vint: sounds like the judge is saying that the procedures you
are complaining about were never taken up by the board of which you
are chair but were promulgated by ICANN staff.
Sad to see you defending this charade.
the judge concluded:
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.
Vint you should download the PDF cited by Michael Froomkin which
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