Re: [atlarge-discuss] icannatlarge.com

[Jeff Williams <jwkckid1@ix.netcom.com>]

Richard, Joanna and all stakeholders or other interested parties and members,

  Regrettably I must agree with Richard that if Joanna as the panel chair
is concerned about the legal ramifications for ICANNATLARGE.COM
and putting family first, or does not enjoy a retained private atty. for just
such situations, than she should resign for the good of the members.

  We as a body must be bold, willing and sometimes eager to challenge
many things and do so without fear of potential legal issues to the point
of thwarting our goals if they are reasonable.

The vote must continue unabated...

Richard Henderson wrote:

> 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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> >
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208



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