To be very clear here, IMHO, AFRINIC and the AFRINIC membership and community are not the adversaries in the law suit.
As far as I am concerned, the AFRINIC board and management are the adversaries and they are so _BECAUSE_ they are acting contrary to the bylaws and against the interests of the membership and community. Owen > On Jun 19, 2022, at 15:14 , Sylvain Baya <[email protected]> wrote: > > Dear AfriNIC's Community, > > Hope this email finds you in good health! > > Please find my comments below, inline... > > Le vendredi 17 juin 2022, Paul Hjul <[email protected] > <mailto:[email protected]>> a écrit : > I am again at a loss as to whether you are being ignorant or disingenuous. > For present purposes though lets assume that what you are trying to say is > "but its an interim order" > > > > > Hi Paul, > Thanks for your email, brother. > > ...while reading your numerous long emails, i still > don't understand why you seem to essentially > behaving in support of a rioting activity started against both this RIR & the > whole INRS (Internet > Numbers Registry System - RFC7020). > > BtW, > <paste> > "The term interim order refers to an order issued > by a court during the pendency of the litigation. > It is generally issued by the Court *to ensure Status > quo*. The rationale for such orders to be issued by > the Courts is best explained by the Latin legal > maxim "Actus curiae neminem gravabit" which, > translated to English, stands for "an act of the > court shall prejudice no one". Therefore, to ensure > that none of the interests of the parties to the > litigation are harmed, the court may issue an > interim order." > </paste> > __ > [1]: > https://en.wikipedia.org/wiki/Interim_order#:~:text=The%20term%20interim,an%20interim%20order > > <https://en.wikipedia.org/wiki/Interim_order#:~:text=The%20term%20interim,an%20interim%20order>. > > > > > The meaning of interim isn't really difficult. > > > Right! > Please see above, brother. > > > > > Of relevance is that an interim order has effect. > > > > It's meant to maintain a kind of status quo; while > trying to protect both parties. > > > > > The website was updated since the order was granted and is updated regularly. > I can understand not changing letterheads to indicate a change of something > by virtue of an interim order but on the language of the order given by the > Company additional rather than less caution is called for. > > > > ...i understand that, even in war times, there is a > thing called "rules"; but, really, who usually care? > > > > Are you trying to say that because it is an interim order that it will lapse > and so the Company should just wait it out? That sort of attitude is exactly > what gets contempt proceedings happening and is a prime example of why > Afrinic needs to stop allowing itself to be influenced by the brigade whose > sentiment is to promote lawlessness. > > > > > Paul, you wrote such a long email, after that our > common brother replied to your email with an URI > containing a simple definiting of a word which > appeared in your email... > > How come that you reply...with such a long email, > full of guesses? :'-( > > > > > The fact is that right now and until the court makes a further decosopm > > > > > You couldn't play in both sides, brother :'-( > > ...the opposite camp would defend against any adversary attacks; with their > means, and you can > not, really, play on behalf of your adversaries :-) > > And, about the purpose please, wisely choose > your camp! i mean, it's not too late, though... > > "◄ Ecclesiastes 3:1 ► > To everything there is a season, and a time for every purpose under heaven:" > > __ > [2]: > https://biblehub.com/crossref/ecclesiastes/3-1.htm#:~:text=To%20everything%20there,purpose%20under%20heaven%3A > > <https://biblehub.com/crossref/ecclesiastes/3-1.htm#:~:text=To%20everything%20there,purpose%20under%20heaven%3A> > > > > > Do you really want Afrinic to function without a board that can't muster > quorum for the next three months? Remember the second part of the order > precludes vacancies being filled. > > > > Brother you certainly remember the story of court > order served to prevent AfriNIC to use any of their > bank accounts... > > Are you really celebrating victory before the end > of that machiavelous war? > > Please, tell the rioters to don't try to *sell* this > RIR's service region IPv4 pool for out of region > use; before having shutdowned the RIR, *bought* > its community and fully replaced the global INRS... > > > > > So unless the court appoints directors you have a company of the nature of > Afrinic with three directors. > > > > > ...so! there is still a way around; as the MU's 2001 company act is not > silent on that topic. But, you > should keep in mind the spirit of *interim orders*. > > > > > Most immediately I am trying to figure out how the Company is able to take a > decision to defend the matter in a period of time during which no board > meeting could be held, postponed for a day and resolved to oppose. The fact > that the opposition is irrational and digs a deeper hole is a second problem, > and based on the fact that of the three people one voted against the unlawful > extension it will be impossible to argue that it is a rationally made and > considered decision. More likely than not no actual thought, minuted and > considered decision is made. But website conveys that its been decided to > "resist" an application that stops the board from having somebody whose term > ended from through coup keeping their spot (again the term coup is from a > member of the board at the time, its not my characterization) > > > > > Various types of coup could be orchestrated by > an adversary party; and any curious observer, of > AfriNIC's actual experienced challenges, might > easily understand what is at stake and who are > those who contribute to support what appears > to be the really dangerous party at time... > > > > > Even if - and there are for reasons already canvassed a lot of reasons why > the argument allowing for a reduced quorum to meet is a really weak position > to take - an ability under the Bylaws to convene a meeting, not have quorum > and work with the reduced quorum of 3 the exercise involves postponements, > minuting and all manner of opportunity to trip up. It is most probable that > the meeting held after the AGMM will be set aside if anybody asks for it to > be so set aside by a court - - unfortunately the minutes are not yet posted > if for no other reason than the board was woefully malformed at the time of > the meeting and somebody not properly on the Board was appointed vice-chair. > One simple question is why should a person have to get the brazenly unlawful > resolution set aside and why should the Company end up liable for those > costs. The directors of the Company and its advising staff have a fiduciary > duty not to waste the Company's money by litigating in support of the > indefensible. > > Unless the three individuals who would make up the board are going to put the > interests of the Company and the interests of the members ahead of some > misguided rot that plagues the organization and actually sit down with legal > representatives with a view to getting the Company back on track (rather than > how to spend insane amounts of money on fruitless and wasteful defending the > indefensible) things aren't going to get better. The membership rejected the > financial statements and there are no appointed auditors.The suggestion on > this list has been to relocate the company to a jurisdiction that would > presumably turn a blind eye to the shanigans of the Company. As has been > pointed out repeatedly in order for Afrinic to take up domicile elsewhere it > would need to resolve the issues it has created for itself and remain solvent > or it would have to wind up and be re-established which would mean going > through an ICP-2 like process. > > On the other hand if the registered members step out and have their lawyers > say "it was wrong for the Company to act in bad faith, we have a fiduciary > responsibility to ensure that the Company not persist in courses of action > that is unlawful, we would like the courts and/or members to sort out the > mess" not only would many members provide the Company with considerable > assistance but within a matter of days a lawful and rational path forward > will be plotted together, rather than what is likely to be at least two years > of continued ugliness - the sort of ugliness that hinders investment in > infrastructure which is the main obstacle to increasing connectivity in > Africa. > > > > > ...i thaught that the very AfriNIC's RM which is > pouring huge amount of money in attempting to > destroy a non profit company which enriches it; > would have been recognizant enough to invest > back in building some needed open Internet > Protocol based infrastructures accross Africa... > > ...and perhaps to lead IPv6 deployment accross > AfriNIC's service region? :'-( > > Question: If an LIR doesn't have an ASN, isn't that > a red signal (no BGP network) about its intent to > deploy no single infrastructure within the region? > :-/ > > Anyone willing to address this *problem*, through > the PDWG (Policy Development Working Group), > can freely join me in co-authoring a DPP (Draft > Policy Proposal) to be submitted soon. > > A normal LIR (Local Internet Registry) holding > such a huge amount of IPv4 resources would > have been a natural source of various investments > within the region associated with the RIR (Regional > Internet Registry) which allocated those Internet > number resources. But that very AfriNIC's RM > seems to prefer to waste its money, gained in > exploiting (out of region) those IPv4 resources, > to fight AfriNIC; while attempting to corrupt this > RIR's community, the other AfriNIC's RMs and the > entire INRS' community... :'-( > > ...*investing*, an apparently unlimited budget, in > numerous litigations against a non profit, while no > record of infrastructural investment accross that > RIR's service region seems to exist... > > As i might have been wrong from the beginning... > then, please, brother feel free to correct me. > > Remain blessed! > > Shalom, > --sb. > > > > > Even if they simply came out and said "the unlawful purported extension was > wrong and we need the consequences of that to be sorted out" (and remember of > the 4 directors . The problem quite simply is that because they know that > people like you will viciously attack them if they were to do the right thing > and this is the heart of the problem at Afrinic. > > On Thu, 16 Jun 2022 at 21:16, Noah <[email protected] <mailto:[email protected]>> > wrote: > > On Thu, 16 Jun 2022, 17:42 Paul Hjul, <[email protected] > <mailto:[email protected]>> wrote: > Considering that its been a day since the order > > https://dictionary.cambridge.org/dictionary/english/interim > <https://dictionary.cambridge.org/dictionary/english/interim> > > Noah > > > -- > Best Regards ! > __ > baya.sylvain[AT cmNOG DOT cm]|<https://cmnog.cm/dokuwiki/Structure > <https://cmnog.cm/dokuwiki/Structure>> > Subscribe to Mailing List: <https://lists.cmnog.cm/mailman/listinfo/cmnog/ > <https://lists.cmnog.cm/mailman/listinfo/cmnog/>> > __ > #LASAINTEBIBLE|#Romains15:33«Que LE #DIEU de #Paix soit avec vous > tous! #Amen!» > #MaPrière est que tu naisses de nouveau. #Chrétiennement > «Comme une biche soupire après des courants d’eau, ainsi mon âme soupire > après TOI, ô DIEU!»(#Psaumes42:2) > > > _______________________________________________ > Community-Discuss mailing list > [email protected] > https://lists.afrinic.net/mailman/listinfo/community-discuss
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