I agree that everyone deserves a fair hearing, and the chance to tell their side of the story. But two points:
Firstly, Afilias have a track record of using spin which later turns out to be just that - spin. Their criticism of sunrise abuse, when they were associated with it themselves; the denial of the scale of the problem, until other people proved the reality; the failure ever to apologise to defrauded landrush customers...
Secondly, everyone deserves a fair hearing, but people like me have been asking for responses to serious issues (like the ones outlined in these posts) from both Afilias and ICANN.
The policy has been one of silence and ignoring the issues in the hope that people would just go away. There has been no facing up to accountability. No open and detailed discussion of the hard facts.
I have repeatedly asked Afilias and Hal Lubsen for some explanation of why they broke the rules over the Lorenz case - they've never answered. I've complained about the range of abuses listed in these posts. They've never answered. They've simply never been prepared to enter into open, real, detailed discussion.
The case with ICANN has been the same. When you have a registrar issue which results from ICANN's policies and agreements, or when you have issues regarding ICANN and its policies, you would expect to get some comment from their Registrar Liaison executive, particularly as ICANN is a not-for-profit serving the public interest (supposedly).
But I have now been waiting over 250 days for a response from Dan Halloran over these and other issues which appear to involve breach of rules, abuse of process, and the whole matter of ICANN accreditation.
Dan Halloran has not, after 250 days and repeated mails, even had the courtesy to acknowledge my mails.
I don't find that acceptable for a person in his position working for an organisation which supposedly works for a fair distribution of the DNS to everyone.
Dan Halloran has separately said in interview that ICANN's approach is "laissez-faire". But I regard ICANN's approach as very deliberate and very partisan.
So yes, let these parties have their fair say. But don't blame people if they continue to draw attention to abuses of process which have HURT other people, when Afilias and ICANN have never discussed the details of the concerns.
The value of a court case might be that they would finally HAVE to.
Most people just want the truth to be told. ICANN and Afilias appear to have been running scared from that truth.