From: Eric Dierker
Subject: Re: [ALSC-Forum] Evaluation of NAIS and ALSC Reports
Date: Mon, 10 Sep 2001 19:06:40 -0700

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Mr. Sims,

I have never seen anyone admit so blatantly the reflection of a perpetration of
intentional breach of an agreement.

Your insincerity may be only surpassed by your gall.  There is absolutely no
justification for your abolition of voting rights of the dotcommoner.  Yes you
are probably right it is only because ICANN promised to act in a certain manner
that it obtained the US DOC contract and the mere fact they never intended to
fulfill those contractual promises is just fine and dandy.

Try this one on for size;  The representation of a material fact of intention
to induce one into a contract or to act to their detriment without the present
intention of performing or delivering that which was promised in order to
induce.

Now either you must use all best efforts to get those seats filled as you
promised or notify the US DoC of your breach.  This is fairly routine for a man
and company of integrity.

Sincerely,
Eric

Joe Sims wrote:

> thanks for these cogent comments.  a couple of responses

> 2.  Your history is correct but the conclusion is not.  There was never
> a consensus in the community on electing half of the ICANN Board; this
> was a concept demanded by the previous US Administration as a
> precondition to its recognition of ICANN.


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