Re: [atlarge-discuss] icannatlarge.com

["Richard Henderson" <richardhenderson@ntlworld.com>]

Unless there is a panel majority vote, the ballot must continue unhampered.

Please note that the only people with the authority to send out this draft,
or to extend the ballot, or to remove icannatlarge from the ballot are the
elected panel by majority vote - otherwise the ballot continues unhampered.

I am happy to proceed if only ONE watchdog is prepared to continue with the
ballot - let the others resign. Let all of them resign.

The vote is the will of the membership.

First see what the membership wants... THEN review the legal position.

This is unacceptable interference and meddling in a ballot which we have
taken 2 months to initiate. We knew all along that we'd been using ICANN's
name. Nothing's changed. We voted as a panel to proceed. Very well then, we
proceed (with or without watchdogs) unless the panel votes otherwise.

Do not stop this ballot.

Joanna, if you are afraid of legal ramifications for your family, I respect
your right to put your family first. Then resign your position as Chair.

The will of the people is what matters. Let them vote for microsoftatlarge
if they want to. Let them vote that black equals white. We are free to vote
with our conscience, regardless of disputes, contentions, of trademark
claims.

If, after the vote, we are legally challenged, then the panel has to refer
to the membership and take decisions. But we are not obliged to frustrate an
open vote just because of some hypothetical legal challenge in the future.

I don't even like the name icannatlarge - but I will not vote for this draft
letter to be sent out to members or for the vote to be extended.

As far as I know, we have not empowered the respected watchdogs to extend
the vote.

The vote stands.

The deadline stands.

And no draft or letter goes out to members without panel majority consent.

Kind regards

Richard Henderson




----- Original Message -----
From: Joanna Lane <jo-uk@rcn.com>
To: Vittorio Bertola <vb@bertola.eu.org>; Vivek Durai <vivek@vivekdurai.com>
Cc: <atlarge-panel@lists.fitug.de>; <atlarge-discuss@lists.fitug.de>
Sent: Friday, September 20, 2002 12:08 PM
Subject: [atlarge-discuss] icannatlarge.com


> As Chair, I am unwilling to proceed into something that may bring legal
> recourse against myself or my successor in title. This is a serious legal
> issue with ramifications that require me to take immediate action to
protect
> myself personally from any liability issues as well as my family.
>
> In addition and after very careful consideration, the Watchdogs concur
> unanimously that the ICANNATLarge option must be invalidated from the
> ballot, but the vote to choose the organization name can continue with the
> other four options on the ballot.
>
> The Watchdogs have prepared a draft letter to be sent to the full
membership
> later today, which I copy below for your further information.
>
> Regards,
> Joanna
> ______________________________________________________________________
>
> Friday, September 21, 2002
>
> The Watchdogs have an obligation to make sure the voting process is
> legitimate, by any definition of the word.
>
> It has been brought to our attention that ICANNAtLarge.com does not have a
> license to use the word "ICANN" in our organization name, which is a
> registered trademark of ICANN, (see U.S. Registered Trademarks 2,400,781
and
> 2,517,318). To use the word ICANN in our name would be a violation of law.
> As we do not wish to violate the law, we are forced to invalidate the
option
> of ICANNAtLarge.org as a choice on the ballot and will only be counting
> votes cast for the other four options. Consequently, you may wish to
change
> your vote.
>
> We are extending the voting by a period of 48 hours in order to provide a
> reasonable opportunity for ballots to be returned.
>
> The vote will now end on Tuesday September 24, at 5:00Pm  UTC.
> Results will be announced no later than Friday, September 27 at
> http://www.icannatlarge.com.
>
> The Watchdogs understand the disappointment some members may feel
following
> this decision, but notwithstanding the legacy of the name ICANNATLarge,
the
> organization must act in accordance with applicable laws in order to be
> legitimate.
>
> Sincerely,
>
> The Watchdogs.
>
> Bruce Young
> Joanna Lane
> Walter Schmidt
>
>
>
>
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