[ICANN-EU] Has ICANN sold franchises to the Registrars ?

["JIM FLEMING" <jfleming@anet.com>]

BTW....Has ICANN sold franchises to the Registrars ?

If so....are the proper franchise documents registered with
the various States and the U.S. Government ?

The Franchise test has 3 parts...

1. Use of the ICANN commercial symbol
2. Control by ICANN
3. Payment of more than $500 to ICANN

@@@@ http://www.ftc.gov/bcp/franchise/netrule.htm#01

B. "Traditional Franchises": There are three definitional prerequisites to
coverage of a business-format or product franchise (Parts 436.2(a)(1)(i) and
(2)):

Trademark: The franchisor offers the right to distribute goods or services
that bear the franchisor's trademark, service mark, trade name, advertising
or other commercial symbol.

Significant Control or Assistance: The franchisor exercises significant
control over, or offers significant assistance in, the franchisee's method
of operation.

Required Payment: The franchisee is required to make any payment to the
franchisor or an affiliate, or a commitment to make a payment, as a
condition of obtaining the franchise or commencing operations. (NOTE: There
is an exemption from coverage for required payments of less than $500 within
six months of the commencement of the franchise (Part 436.2(a)(3)(iii)).

@@@@@@@@@@@@


Jim Fleming
http://Register.WEB.com


----- Original Message -----
From: Mike Roberts <roberts@icann.org>
To: <icann-europe@fitug.de>
Sent: Saturday, November 11, 2000 7:13 PM
Subject: Re: [ICANN-EU] Disclosure of ICANN At Large Membership information


> For those of you in Europe wondering what this particular bit of
> byplay is all about, it is a fact that under the non-profit
> corporation law of the State of California, a nonprofit corporation
> may elect to have members, or not to have members.
>
> Following substantial public discussion in connection with the MAC
> report in Berlin in May, 1999, the Board made an affirmative,
> unanimous decision to remain a non-membership corporation.  It
> continues to hold that view at this time.  The interests of the
> multiple stakeholders in ICANN are set forth in the Bylaws, along
> with numerous protections for those interests, which include the
> Article III provisions on public notice and comment, reconsideration
> and independent review.
>
> See the same citation I gave this morning, and other MAC documents
> for more background.
>
> <http://www.icann.org/macberlin.htm>
>
> ICANN has not, and will not, violate any laws.   The Board and the
> CEO get excellent legal advice, and they follow it.
>
> Karl obviously has strongly held views about the type of At Large
> organization ICANN should have.  Others have theirs as well.  If
> there is merit in those views, they will surely gather support in
> coming months during the study process and subsequent decisions on
> the future of At Large membership.
>
> - Mike
>
> At 14:45 -0800 11/11/00, Karl Auerbach wrote:
> >JIM FLEMING wrote:
> >
> >>  According to some ICANN Board members, ALL of the ICANN
> >>  records will be made public.
> >
> >Actually there's more to it than that.  The California Corporations code
> >clearly says that members of a corporation, i.e. the people who vote in
> >an election for board seats, have the clear right to obtain the
> >membership list.
> >
> >The California legislature has determined that the right of the electors
> >in a corporate election to organize among themselves to fully exercise
> >their franchise supersedes any right of privacy that those electors may
> >claim with regard to the fact of their membership.  This is nothing
> >unique to the laws of California - this kind of provision is found in
> >the corporations codes of many jurisdictions.
> >
> >If ICANN has a beef with this ICANN ought not violate California law -
> >rather, ICANN should go to Sacramento and try to induce the legislature
> >to change the law.
> >
> >I am completely fed up with ICANN's shell game in which it is trying
> >every step possible to emasculate even the concept of an effective
> >at-large.
> >
> >     --karl--
>