RE: [apnic-talk] Re: comments on legal documents
On Friday, May 15, 1998 8:59 AM, MARUYAMA Naomasa[SMTP:maruyama at nic dot ad dot jp] wrote:
@This is N. Maruyama, a vice president of JPNIC.
@
@>From: <yo-obata at kdd dot co dot jp>
@>Date: Wed, 13 May 1998 19:01:24 +0900
@
@>There seems to be different use of the term "member" in each document.
@
@This is, I feel, a crucial point in these documents. A legal advisor
@of JPNIC is now studying these documents. His study is not yet
@finished, but he gave me a rough description of the proposed APNIC
@structure:
@
@"Members of APNIC Pty Ltd" are same as shareholders of APNIC Pty Ltd.
@They elect/remove "Directors of APNIC Pty Ltd".
@"Meeting of Directors of APNIC Pty Ltd" is empowered to create/remove
@"APNIC" as a special committee of "APNIC Pty Ltd".
@"APNIC" has AGM(Annual General Meeting)" as its organ which consists
@of "APNIC Members". AGM elects Executive Council members.
@And EC members elect DG(Director General).
@
@David wrote that APNIC Pty Ltd will issue only one share. So, the
@above description automatically implies that the structure of new
@APNIC is
@
@ AUTOCRACY,
@
@not democracy by APNIC members.
@
@Here, I would like to ask all the APNIC-talk subscribers:
@
@ Do we want AUTOCRACY for APNIC?
@
@Of course, I don't want it. I prefer democracy for APNIC.
@
@This autocratic structure is my main concern, but another concern
@for me is whether or not "APNIC Pty Ltd" is non-profit organization
@under Australian law. The document states that it is non-profit, but
@this may never be the answer. Whether or not an organization be
@considered by the government and lawyers to be non-profit depends, I
@believe, on the law on which the organization is grounded. What is the
@name of a law "Pty. Ltd." grounded on?
@
@In Japan, probono (legal term for "non-profit") organizations, like
@JPNIC, are grounded on the Civil code, whereas most commercial
@companies are grounded on the commercial law, and I believe there is
@similar legal structure in Australia.
@
@I know the current documents are rather direct imitation of the legal
@documents for the company in the Seychelles, but why do we need to
@imitate them? I understand that we built the company for the sake of
@some convenience, and we admitted it was commercial under the
@Seychelles law, but the situation in Australia must be different.
@
@----
@N. Maruyama (Vice President of JPNIC)
@maruyama at nic dot ad dot jp
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@
@
Your bravery to make these comments restores my faith
in humanity. I have had similar concerns. People will note
that my questions went un-answered.
One of the disturbing things about many of the matters
surrounding APNIC, ARIN and to a lesser extent RIPE
is the autocratic base upon which the structures are built.
In the U.S. I believe that the U.S. Government is trying to
change this and I have confidence they will. Many agencies
of the U.S. Government are involved.
One of the agencies that needs to become more involved
is the U.S. Government's Internal Revenue Service (IRS).
They grant approve non-profit status for companies according
to the following information. No one, including the IRS, can
explain how ARIN qualifies. Yet, they claim they are non-profit
on their web site <http://www.arin.net>.
http://www.irs.ustreas.gov/prod/bus_info/eo/index.html
http://www.irs.ustreas.gov/prod/bus_info/eo/bus-orgs.html
@@@@ http://www.irs.ustreas.gov/prod/bus_info/eo/bl-req.html
"No part of its net earnings may inure to the benefit of any private
shareholder or individual and it may not be organized for profit or
organized to engage in an activity ordinarily carried on for profit
(even if the business is operated on a cooperative basis or produces
only sufficient income to be self-sustaining)."
@@@@@@@@@@@@@@@@@@@@@@
ARIN also claims to cover the Caribbean, Africa and South America
but there does not seem to be many people from those regions
that agree or participate. They go to RIPE and other places to get
their IP addresses. In the Caribbean, it is easier to get IPv4 addresses
from AT&T, than ARIN. AT&T has plenty of addresses:
http://www.merit.edu/mail.archives/html/nanog/msg02336.html
In the IPv8 Plan, the functions provided by ARIN, RIPE and APNIC
are distributed fairly around the world via a simple structured root.
I have suggested that the people in the Asia/Pacific regions
(G4, G5, and G6) work together to take their destiny into their
own hands. By working in smaller "Round Tables" you can come
to a local consensus and then have delegates bring that consensus
to a global Round Table for final decisions.
http://www.ntia.doc.gov/ntiahome/domainname/130dftmail/unir.txt
One of the problems with the past is that APNIC is based on
IP addresses only. This decouples the organization from the
more human domain names. RIPE is headed in the other
direction. <http://www.ripe.net/centr/index.html> You might want
to study what they are doing. In my opinion, they have the most
potential for avoiding the autocratic structure that seems to follow
from anything the previous IANA created.
This will all change soon. The U.S. Government is going to take
control of the new IANA. The U.S. has a long history of democracy
and I have confidence something good will come from that process.
Unfortunately, it could take a long time to materialize. You have
decisions to make now. I suggest that people from the various
regions organize themselves to start making room for everyone
at the Round Table and to start making decisions. What better
place to do that than here on the Internet...
-
Jim Fleming
Unir Corporation - http://www.unir.net
IPv8 - Designed for the Rest of the Human Race
AM Radio Stations ---> http://www.DOT.AM
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