Bradford C. Brown writes "The federal court in California dismissed as insufficient a single antitrust claim made by VeriSign in its suit against ICANN. Without the antitrust claim the court left the rest of issues addressed in the case to be decided in state court as a contract matter. It appears that VeriSign will now seek to re-file the suit in state court so that the six other substantive claims can be reviewed.
In reading ICANN's comments concerning the legal opinion you get the impression that ICANN thinks the judge has made lemonade from lemons. 'The US federal court's decision serves as another important affirmation of ICANN's multi-stakeholder participatory model and reaffirms the ICANN structure' according to the ICANN general counsel. Really?"
"Nothing has changed at ICANN. The bureaucrats are still there; the endless process is still there; the lack of procedure remains an issue -- so what has changed. I guess the venue for the continuation of the debate has -- that will now be in state court.
It seems that all this case was ever about was an effort to get a dysfunctional organization to function. Business needs to work with ICANN but it simply cannot do that without organizational and procedural improvements. There has to be an efficient administrative process.
Unless ICANN is willing to take a hard look at itself and acknowledge that it needs to make some changes this decision will just be one marker in a continuing debate about the future of ICANN."
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