[CCWG-ACCT] community powers comparison: designator & membership model - what powers can we create and how to enforce them?

Greg Shatan gregshatanipc at gmail.com
Tue Apr 14 19:19:03 UTC 2015


Thank you for this.  A great deal of effort clearly went into this and this
should develop into a very useful tool.  However, I think we will need to
have this reviewed by legal counsel before we rely on it.  Having reviewed
this briefly, I am uncertain that at this stage this document accurately
captures the legal advice, particularly with regard to how the rights can
be enforced.

Specifically, this seems to give the impression that, if the membership
model were chosen, the members would be limited to running off to court in
most cases should rights need to be enforced.  I'm fairly confident that is
not the case.  I believe that the remedies listed for the designator model,
particularly changes to the bylaws and the IRP, are equally available in
the member model.  With regard to litigation, I think the distinction is
that the designators have no ability to litigate on behalf of the
corporation, while this is one possibility (but far from the only one)
available to members.  In other words, such litigation is an extra power,
not the only power, available to members.

The Legal Sub Team (copied here) should discuss how to proceed.

Thank you again for taking the laboring oar in pulling this together!

Best regards,


On Tue, Apr 14, 2015 at 2:35 PM, Robin Gross <robin at ipjustice.org> wrote:

> Hello Team,
> What we need to do is take a hard look at both the membership model and
> the designator model and understand what rights can be created and how will
> they be enforced.  Once we understand what we *can* do, we need to look at
> the pros/cons of the different models and evaluate accordingly.
> But first, we need to understand what *can* be done so we can discuss *if*
> we ought to do it and what is the best means.
> So I've taken a first pass of each of the 6 community empowerment goals
> and created a comparison table to lay-out what rights can be created and
> how they can be enforced.  I've combed through all the 200+ pages of legal
> memos, today's CCWG call, and calls of the legal sub-team to compile this
> info into one table so the models can begin to be evaluated side-by-side.
> The doc is attached and also here is a link to the table comparing the 2
> models:
> https://docs.google.com/spreadsheets/d/1kkkRBpMUkTpD5_RP_Ogo1PTGzGt2kC6f1xooHfJXRBc/edit?usp=sharing
> I am hopeful it can begin to help us to wrap our minds around what our
> goals are and how they could be accomplished by the two models at play.
> Thanks,
> Robin
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