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and win what, exactly? "Winning" would also assume a judge could determine the complaintant's application was consitent with ICANN's defined qualifications and paramters for entry. But, since ICANN does not state what these are, this would be a gamble.
Also, since ICANN's position is that it can not be determined at this point that new TLD's pose a risk to the stability of the Internet addressing system, certainly the complaintant can not expect a judge to rule for automatic entry. This would be another big gamble.
Do you think ICANN understands these concepts fairly well to the extent that the legal system is a fairly weak mechanism for the applicants to seek third party recourse? I certainly do.
The day ICANN defines exact criteria on the part of the applicant for entry and removes "stability to the addressing system" as a reason to artificially constrain competition is the day the legal system may then become a viable third party mechanism for parties deemed to have been harmed by "the process." But, don't hold your breath on either of these 2 things any time in the near future. It is by design. When a member of Congress states publicly that "ICANN seems accountable to no one", this is what he means.
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Re: ICANN needs to get sued
by RFassett
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