[Community-Discuss] FUNDRAISING & DONATIONS - TO KEEP AFRINIC RUNNING

[John Curran]

On 18 Aug 2021, at 3:17 AM, Andrew Alston via Community-Discuss <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>> wrote:

Not being a lawyer – I would actually like to know the legal position on this – because here is the way I see this.

Good Day Andrew –

I am somewhat confused, as you acknowledge you not a lawyer – but seek a legal position – and then decide the best way to obtain such an opinion is to post legal speculation to the Community Discuss mailing list?   As you are well aware, legal opinions are obtained by retaining counsel, so I am at loss in your actual intentions in this regard.

AfriNIC has a contingent liability on their books of $50m dollars right now – and a net worth far below that.

As it turns out, you might not need a lawyer after all, since your line of reasoning is predicated upon the incorrect statement above.

I also am not a lawyer, but can see from the list of legal cases published on the AFRINIC website that the order in question is a "Provisional Attachment Order" – something that is preliminary in nature and even now remains still to be validated by subsequent actions.   Furthermore, validation of such an order would appear to protect availability of funds so that they could be available to pay for an award if such were to ever be issued, i.e. it does not equate with the making of an actual award as you seem to imply in your message.

Best wishes,
/John

John Curran
President and CEO
American Registry for Internet Numbers






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