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    New gTLDs Infighting at Afilias?
    posted by michael on Wednesday September 19 2001, @03:06AM

    The Register reports on infighting at Afilias in the wake of the sudden announcement by Robert Connelly that PSI-Japan wanted out of Afilias. Now, says the register, there are legal questions about the decision by Afilias management to create "a new company called Afilias USA, without informing directors of Afilias members. The new directors of Afilias USA are to be the same as the current Afilias. Mr Connelly feels this action goes against Irish law."



    Anyone with further information on this, please share it.

    (Given the amount of controversy about it, maybe Afilias needs its own ICANNWatch category?)

     
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    This discussion has been archived. No new comments can be posted.
    Infighting at Afilias? | Log in/Create an Account | Top | 23 comments | Search Discussion
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    Re: Infighting at Afilias?
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday September 19 2001, @07:46AM (#2381)
    User #2810 Info
    I reported most of this here at ICANNWatch a day before the Register article. The only thing new in the article (and that from 10 days ago), is that Afilias alleges (I've seen no substantiation) that Robert Connolly wanted privileged access over other registrars to the zone file. The Register article also appears to be incorrect in stating that the new Afilias USA will have the same Directors as the current Afilias. I think they've missed a salient point. Robert Connelly stated in his email:
    Yesterday, Management presented a set of Resolutions to the Directors. I did not receive the teleconference link and missed the meeting.

    One of the resolutions indicated that Management has already created a new company, Afilias USA, Inc. As far as I know, Directors and Members of Afilias were not informed of the formation of this new company. I have no idea of why it was formed.

    However, the resolutions asked the Directors to approve the list of Directors of Afilias USA, Inc. They were to be (perhaps already are) the CEO, CTO and CMO of Afilias Limited.

    It seems to me that Afilias Management is overstepping its authority under Irish Law. I'm handicapped by not having a good Irish attorney here in Japan.

    Sounds to me more like some of the management of the original Afilias will make up the Board of the Afilias spawn, hence the suggestion in my earlier report that ICANN staff could become ICANN USA INC. except that it isn't necessary, they already are in full control.

    As to Afilias needing a separate category, it seems with other new gTLDs problems they might as well remain in their good company. Now one of the .coop founders is in trouble for offering .coop pre-registrations, a silly concept for even an open TLD, let alone a restricted one, and they're not even an ICANN accredited registrar. -g

    [ Reply to This | Parent ]
    The Afilias Board
    by lextext on Wednesday September 19 2001, @11:52AM (#2385)
    User #6 Info | http://www.lextext.com
    I know that each Afilias member gets a seat on the Board, but is there a requirement in the Afilias Bylaws that each member appoint one of its own employees to the Board? If not, then the prudent thing is to appoint someone not afiliated with a registrar, but in whose judgment you trust, to sit on the Board and oversee and guide the management of the corporation. Such an independent person would not be subject to the rule against giving inside information to a member-company and would, I assume, be better able to perform the Director function. -- Bret
    [ Reply to This | Parent ]
    Afilias USA legally exists since July
    by alexander on Wednesday September 19 2001, @12:14PM (#2389)
    User #22 Info | http://www.icannchannel.de
    From the Pennsylvania Department of State corporations database:

    ENTITY NO: 3013507
    TYPE: FOREIGN BUSINESS
    FILED DATE: 7-2-2001
    CURRENT NAME: AFILIAS USA, INC.
    ADDRESS: 660 NEWTOWN-YARDLEY RD
    CITY: NEWTOWN
    STATE: PA
    ZIP: 18940
    COUNTY: Bucks
    CNTRY /JURIS: DE
    LTD AUTH: N

    There is no information about Corporate Officers available.

    The address given for Afilias USA, Inc. is the same as given on the Afilias.info web site for Afilias Ltd.
    [ Reply to This | Parent ]
    Re: Infighting at Afilias?
    by dtobias (dan@tobias.name) on Wednesday September 19 2001, @07:05AM (#2380)
    User #2967 Info | http://domains.dan.info/
    In order for somebody to "steal" .web, it would be necessary for it actually to be owned by somebody in the first place. However, there's no legal basis for that, as the U.S. Patent and Trademark office has stated repeatedly that top level domains are not intellectual property -- they're merely parts of a naming system like area codes, and are not owned by anybody.
    [ Reply to This | Parent ]
    Re: Infighting at Afilias?
    by Anonymous on Wednesday September 19 2001, @12:13PM (#2386)
    No member has resigned from Afilias. Further, and in keeping with our responsibility to manage the Registry in a manner consistent with the public trust, Afilias refuses to grant unfair advantage to any registrar in either the setting of policy or the dissemination of information. All of our board members and shareholders committed themselves to this at the inception of the company. Should any have a change of heart and resign over that policy, Afilias is comfortable with that decision.
    - Afilias
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
    Re: Infighting at Afilias?
    by Anonymous on Wednesday September 19 2001, @12:13PM (#2387)
    No member has resigned from Afilias. Further, and in keeping with our responsibility to manage the Registry in a manner consistent with the public trust, Afilias refuses to grant unfair advantage to any registrar in either the setting of policy or the dissemination of information. All of our board members and shareholders committed themselves to this at the inception of the company. Should any have a change of heart and resign over that policy, Afilias is comfortable with that decision.
    -Afilias
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
    Re: Infighting at Afilias?
    by alexander on Wednesday September 19 2001, @01:02PM (#2395)
    User #22 Info | http://www.icannchannel.de
    ...and next time, Afilias, please LOGIN HERE. ;)
    [ Reply to This | Parent ]
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