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That makes no sense. It was a competition. Not every one wins in a competiton. There were winners and there were losers. In the competition, there were those who had a legitimate chance of winning, there were those who were pretenders and contenders, there were those who should have been happy they were considered at all, and there were some who will learn to submit better bids for New TLD Round 2 in about 2-3 years.
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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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