ICANN has sent a letter to ISOC

[Caleb Olumuyiwa Ogundele]

Ok, thanks for the clarification and line of thought

On Tue, Dec 10, 2019 at 5:17 PM James Gannon <lists at icann.guru> wrote:

> Not for a proposed transaction no, that would be impossible as you don’t
> know 30 days in advance if someone is going to propose to buy/sell a
> company.
>
> Its 30 days notice of the actual transaction closing, which is planned to
> happen in Q1 2020 so PIR is within compliance for this aspect given the
> below timeline.
>
>
>
> ---
>
> *James Gannon*
>
>
>
> *From: *Caleb Olumuyiwa Ogundele <muyiwacaleb at gmail.com>
> *Date: *Tuesday, 10 December 2019 at 16:14
> *To: *James Gannon <lists at icann.guru>
> *Cc: *"NCSG-DISCUSS at LISTSERV.SYR.EDU" <NCSG-DISCUSS at listserv.syr.edu>
> *Subject: *Re: ICANN has sent a letter to ISOC
>
>
>
> @James Gannon <lists at icann.guru> my understanding is that for a proposed
> transaction to be initiated, ICANN should have gotten the notification
> first.
>
> However, the blog says otherwise and i quote below.
>
>
>
> "The proposed acquisition of Public Interest Registry (PIR) by Ethos
> Capital *was announced on 13 November 2019* by the parties and the
> Internet Society (ISOC). This announcement has raised many questions. In
> light of this, we want to be transparent about where we are in the process."
>
> Even though this transaction is proposed, they should have notified ICANN
> of an intention to...
>
> By the way, even as an ISOC chapter leader, we got to know on the same day
> ICANN did.
>
> Caleb Ogundele
>
>
>
> On Tue, Dec 10, 2019 at 4:55 PM James Gannon <lists at icann.guru> wrote:
>
> The sale is not complete the 30 day requirement is in relation to a
> completed transaction.
>
>
>
> ---
>
> *James Gannon*
>
>
>
> *From: *NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> on behalf of Caleb
> Olumuyiwa Ogundele <muyiwacaleb at GMAIL.COM>
> *Reply to: *Caleb Olumuyiwa Ogundele <muyiwacaleb at GMAIL.COM>
> *Date: *Tuesday, 10 December 2019 at 15:54
> *To: *"NCSG-DISCUSS at LISTSERV.SYR.EDU" <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject: *Re: ICANN has sent a letter to ISOC
>
>
>
> What baffles me is the concern on the timeline. For emphasis... The
> timeline and how ICANN is also trying to protect her image from the body
> language of the letter and blog. To put in perspective see below:
>
>
>
> 1. Andrew Sulivan informed ISOC Chapter Delegates on: *November 14, 2019*
>
>
>
> According to the letter published by ICANN general counsel it says:
>
>
>
> 2. "*On 14 November 2019*, PIR formally notified ICANN of the proposed
> transaction. Under the .ORG Registry Agreement, PIR must obtain ICANN’s
> prior approval before any transaction that would result in a change of
> control of the registry operator. Typically, similar requests to ICANN are
> confidential; we asked PIR for permission to publish the notification and
> they declined our request."
>
>
>
> If I understand correctly, this notice should have been filed earlier to
> ICANN (at least 30 days notice) before making a public notice os such
> acquisition? I might be miss something here?
>
>
>
> The fact that PIR failed to give a prior notice itself is a breach of the
> agreement to nullify the transaction.
>
>
>
> By the way, why did ICANN wait till the pressure was high in the wind
> before making a public statement?
>
>
>
> Caleb Ogundele
>
>
>
>
>
>
>
>
>
> On Tue, Dec 10, 2019 at 4:02 PM Sam Lanfranco <lanfran at yorku.ca> wrote:
>
> All,
>
> Just For the Record, I have entered the following personal comment into
> the COMMENTS section for the letter at:
> https://www.icann.org/news/blog/org-update
>
>
>
> As a stakeholder in the .org community, and member of NCSG/NPOC there are
> a number of issues that concern me here, but a major one is that while
> Ethos Capital is making promises about the future, there is no track record
> for the newly formed Ethos, or evidence of expertise in the registry field
> by the investors. I would have fewer worries about this change in ownership
> if (IF!) PIR actually was incorporated as a Benefit Corporation (B Corp),
> if this sale goes forward. Incorporation as a B Corp (and not just B Lab
> "Certification") should become a condition of any sale of PIR, to any buyer.
>
> Sam Lanfranco
>
>
>
> ---- Original Message ----
> *From*: Ayden Férdeline <icann at FERDELINE.COM>
> *To*: NCSG-DISCUSS at LISTSERV.SYR.EDU
> *Sent*: Tue, Dec 10, 2019, 8:01 AM
> *Subject*: ICANN has sent a letter to ISOC
>
> https://www.icann.org/news/blog/org-update
>
>
>
> ICANN has broken its silence, and has published a blog post on .ORG and
> shared a letter that its General Counsel has sent to the Internet Society
> today "asking them to please be clear and open in all of their
> communications."
>
>
>
> Ayden Férdeline
>
>
>
>
>
> --
>
> *Ogundele Olumuyiwa Caleb*
>
> *muyiwacaleb at gmail.com <muyiwacaleb at gmail.com>*
>
> *234 - 8077377378*
>
> *234 - 07030777969*
>
>
>
> --
>
> *Ogundele Olumuyiwa Caleb*
>
> *muyiwacaleb at gmail.com <muyiwacaleb at gmail.com>*
>
> *234 - 8077377378*
>
> *234 - 07030777969*
>


-- 
*Ogundele Olumuyiwa Caleb*
*muyiwacaleb at gmail.com <muyiwacaleb at gmail.com>*
*234 - 8077377378*
*234 - 07030777969*
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