ICANN Responds to Auerbach
Date: Thursday April 18 2002, @12:06PM
Topic: Lawsuits and Judicial Decisions

ICANN responded today to at-large Director Karl Auerbach's lawsuit. The only surprise, if it is one, is just how mean ICANN's lawyers at Jones, Day are willing to be. Basically, ICANN has no shame at all (e.g. trying to make an issue out of how few votes were cast in Auerbach's election when it's ICANN that sabotaged the at-large vote).

Stripped of all the folderol, at first glance there seem to be basically two legal strings to this bow: (1) Auerbach is a wild-eyed radical bent on destroying ICANN, and the corporation thus has a right to protect itself against him, and (2) the court should not hear the case because Auerbach failed to appeal the Audit Committee's decision to the full board. To anyone who knows the facts, the second defense is risible, since (as the very same response notes) the same Auerbach is in a tiny minority of the Board, and this would obviously be futile; of course Jones, Day can always hope that the court may not grasp that... The real action is the first claim. I am told that California lacks settled law on what a corporation might do if it could prove that a director was out to injure it; this case may provide it.

Given that Karl shoots his mouth off from time to time, ICANN has found some juicy quotes to make a triable issue of it. Had it not been for the Lynn Reportís confessions of ICANNís sins, ICANN might have run of it. And of course, one way that courts avoid hard questions when worried about them is to pick on some technicality to decide the case (thus the other complaints).

Of course, if ICANN were anything more noble than a self-protection racket, it wouldnít waste money on this, it would just open its books. Unless, of course, thereís something ghastly to hide?

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Re: ICANN Responds to Auerbach
by fnord (groy2kNO@SPAMyahoo.com) on Friday April 19 2002, @07:14AM (#5902)
User #2810 Info
Anon writes:
ICANN has said all along that Auerbach can view the records if he abides by the policy.
ICANN has said no such thing. There is no Board resolution to that effect. Even if there was, a Board resolution does not trump California law. -g
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