[rpd] [Community-Discuss] Call for AFRINIC’s registry service migration to other RIRs

[Fernando Frediani]

Hi Jordi, that's a good example that it is not because it is in the 
bylaws that means it is legit.
It would be almost like having in the bylaws that it is forbidden to 
rain on sunny Saturdays.

Fernando

Em 04/08/2021 05:44, JORDI PALET MARTINEZ via RPD escreveu:

>

> Hi Owen,

>

> If I create a company to handle you own personal assets, without 

> having been empowered by you to do so, that invalidates the articles 

> in the bylaws of my company.

>

> Will you agree on that?

>

> The Internet Resources are from the community, not AFRINIC, not any 

> RIR (maybe it is slightly different in the case of ARIN, we know, at 

> least for the IPv4 ones). It is true that it is a complex legal battle 

> to dispute that. That’s why it is easier that the Board, even if they 

> need to consult with the membership, recognize the mistake and resolve 

> that. One way is ratifying the policy that they decided not to.

>

> Regards,

>

> Jordi

>

> @jordipalet

>

> El 4/8/21 10:21, "Owen DeLong via RPD" <rpd at afrinic.net 

> <mailto:rpd at afrinic.net>> escribió:

>

>

>

>     On Aug 3, 2021, at 17:59 , Fernando Frediani <fhfrediani at gmail.com

>     <mailto:fhfrediani at gmail.com>> wrote:

>

>     It is truly speechless to see you repeat something you learned in

>     the US and believe that this same model applies every other

>     situations or any RIR equally, especially in a scenario you seem

>     insistently defending lately.

>

> I don’t know whether it applies in every other situation or not. I do 

> know that each of the 5 RIRs is structured as a not for profit 

> corporation. Each of these corporations is organized under the laws of 

> a particular set of jurisdictions:

>

> AFRINICEbene, MU

>

> APNICSydney, NSW, AU

>

> ARINChantilly, VA, US

>

> LACNICMontevideo, UY

>

> RIPE-NCCAmsterdam, NL

>

> I don’t know the details of the legal framework for RIPE-NCC or 

> LACNIC, but I’d be very surprised if they are not the same.

>

> However, in the case of AFRINIC, APNIC, and ARIN, what I have said is 

> true.

>

>     You simply disregard important stuff that applies and try to fit

>     to your own personal believe or way you think this should work,

>     but it doesn't in practice.

>

> What, exactly, is it that you think I have disregarded here? You seem 

> to be the one who wishes to disregard the Mauritian companies act, the 

> organizations bylaws, the powers of the board, and nearly anything 

> else that doesn’t fit into your fantasy of how things should be.

>

>     It is so simplistic and easy to claim Board can apply something

>     based on a void article just because it is written there

>     disregarding totally what is above it and what it means to

>     Internet Governance system.

>

> You are claiming that the bylaws are a void article? Interesting. What 

> is your basis in law for this? The companies act is pretty clear about 

> the need for the company to have (and abide by) a constitution (which 

> in AFRINIC’s case is its bylaws).

>

> Where is the exception that makes this a void article? Under what 

> authority does it do so?

>

>     And what is even worst is to ignore there is an appeal going on

>     for the policy and try to make Board adopt a policy with that

>     status or even worst commit a illegal action by adopting by

>     itself, in a controversial moment and which will only be of

>     interest to a few members at this rush.

>

> You continue to claim that it would be an illegal act for the board to 

> pass an emergency policy, but you provide no basis for this claim.

>

>     Who is really interested in all this rush?

>

> Honestly, I’m not sure how many members would prefer to be able to 

> move to a less dramatic registry that has a set fo rules it actually 

> follows.

>

> Owen

>

>

>

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