> In this case I believe the distinction is moot since the ability of
> shareholders to file derivative suits (in most cases) allows them to *be* the
> corporation for these purposes. A very powerful weapon in the hands of the
> right attorney.
And a powerful weapon that ICANN has removed from its at-large membership
and placed solely in the hands of the DNSO names council, the ASO, and PSO
- about 25 people in all.
Of course, since it is a powerful weapon, states have put up hurdles. In
California to bring a derivative action (against ICANN for example) one
must be a "member" (i.e. be one of the 25), be able to show that the
action is for the benefit of all members and the corporation itself or be
willing to post a $50,000 bond.
--karl--
