Correcting an incorrect assertion. Was: Re: delegation mechanism...

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The following concerns my lawsuit against ICANN and highly incorrect
misstatements made on this list about the outcome of that action.

I have no intention of turning this into a thread, but I do feel that I'm
within the bounds of etiquitte by sending a corrective e-mail.

On Thu, 1 Aug 2002, Dave Crocker wrote:

> 2.  Note that Karl won the suit, but lost the war.  He is now subject to 
> the conditions that ICANN had originally wanted to apply for his 
> access.  The only difference is that now Karl is under a court order to 
> conform to those rules.

The writer of the above paragraph has his facts completely wrong.  He is
doing nothing more than parrotting back ICANN's quite misleading press
release.

ICANN lost utterly and totally - not a single issue advocated by ICANN was
adopted by the court.  The court granted my motion for summary judgement.  

ICANN's so-called "procedures" and the "restrictions" issued under those
procedures were rejected by the court with a kick that would be the envy
of a world cup champion.

ICANN is trying to spin its complete loss into some sort of Pollyanna
story about how the result is what ICANN wanted all long.  If this is
really what ICANN wanted, then ICANN ought to have acquiesed to my offer
to them back in September of last year.

ICANN's apologists can chose to deceive themselves, it is their right to
make themselves deaf, dumb, and blind.  However anyone who choses to look
at the actual filings and orders will quickly perceive that the court
order invalidates the rules and restrictions that ICANN attempted to
impose - those rules and restrictions are now gone in a court-ordered
flash of light and smoke.  And ICANN's attempt to self-decree that it can
bind and gag a Director has been made equally vacuous.

The writer of the quoted paragraph seems to have a complete
non-comprehension of the duties, obligations, and rights of a corporate
Director.

I am merely doing what the directors of Enron ought to have done - I am
attempting to look at the raw information and make my own evaluations
rather than relying on the highly processed and self-serving packages that
ICANN management purveys.

Under the court's order ICANN must start delivering materials by tomorrow,
August 2 - a mere 20 months after I first requested them.

		--karl--











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