The determining question was did the application satisfy the 2004
criteria?
The .cat application was the best application in the 2004 round,
according to the evaluators, and the .xxx application was the next
ranked application.
So the point in the 2004 cycle where .xxx could have been prevented,
assuming for the sake of argument that one held that as a goal, was in
the admission criteria for the 2004 round. Had that criteria been
extended by an additional requirement such as the sponsor's mission
must have been to provide a name space for a linguistic or cultural
purpose, the .xxx application, however technically competent, would
have failed under the 2004 admissions criteria.
Each time the issue has been before the Board, I've spoken to the
issue -- the application met the stated criteria. There are no valid
unstated criteria.
A related problem was the subject of a recent blog post,
http://crookedtimber.org/2011/03/19/the-hollowing-out-of-icann-must-be-stopped/
There are very few at ICANN now who were involved in the 2004 round,
let alone the 2000 round, and so little in the way of corporate memory
exists.
Eric
On 3/26/11 10:30 PM, Stefan Fouant wrote:
-----Original Message-----
From: Eric Brunner-Williams [mailto:brun...@nic-naa.net]
Sent: Saturday, March 26, 2011 7:24 PM
ICM retained competent counsel for the ICANN issue advocacy. I expect
Stuart will retain competent counsel for the follow-on issues.
Yes, it is certain that Stuart will retain competent counsel for all
follow-on issues, I mean, the guy bragged to Bloomberg that ICM is set to
make at least $200 million a year through these registrations (believe me,
if I were in his position, I'd have the best lawyers money could buy). That
doesn't even touch the $3-4 Billion in porn transactions ICM is hoping to
process and get a cut of once they launch their payment processing service.
What changed ICANN's mind between the ruling in 2007 and the ruling in 2010?
ICM brings in an independent arbitrator and ICANN agrees to go along with
the findings, yet for the life of me I can't find any majority who believe
this was necessary. The ACLU objects because of censorship issues. Family
and religious groups oppose because they believe .xxx legitimizes porn.
Heck, even the porn industry itself opposes because it will increase
operating costs and open the industry to more regulation.
I can't seem to find anyone that would benefit from this, with the exception
of Stuart and ICM's shareholders.
Stefan Fouant