ICM Registry was one of the applicants for .xxx in the original Y2K new TLD round. They were rejected along with the other .xxx applicants. Rather it was spun that failed applications were still pending.

Then, during this last tepid new TLD round, ICM again applied for .xxx and again paid the onerous application fees which ICANN accepted, thereby putting the lie to their assertion that formerly failed applicants were still pending.

And now ICANN nixes it by twisting its own rules again and keeps both application fees. Seems to me that ICM would have a cause of action to recover at least the latter set of fees if not both because of lack of due process, as well as the no doubt inconsiderate funds spent on the application(s) and perhaps additional monies. I'd sure like to see them try because it would help to further expose ICANN to public scrutiny, and as would naturally follow, further disrespect, nay, disgust. -g