Looks like you have chosen a better thread title so this thread gets more views than my yesterday's thread ;)
to answer the question, what we can do, I'm not sure.
This is not a new application, this is an "Independent Review Petition" which is something totally new.
Read below to see what this is about (please concentrate, it's quite complicated language
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Quote:
As set forth in ICANN?s Bylaws, an affected party (here, ICM) has the right to file a request for independent review of ICANN?s actions by an independent panel comprised of one or three members. ICM has elected a three-member panel. The independent review is to be administered by the International Centre for Dispute Resolution (?ICDR?) under its Procedural Rules as well as the Supplementary Procedures for ICANN?s Independent Review Process. The Independent Review Panel?s mandate is to: (1) compare those actions of the ICANN Board contested by an affected party (in this case, ICM) to ICANN?s Articles of Incorporation and Bylaws, and (2) to declare whether the ICANN Board has taken a decision, acted, or failed to act, consistently with the provisions of those Articles of Incorporation and Bylaws.
ICM?s Request for Independent Review Process contains a summary of the facts that form the basis of ICM?s dispute with ICANN, describes the applicable standards and law that ICANN?s actions are subject to, provides ICM?s proposed elections for the Independent Review Process, and lists the relief ICM requests because of ICANN?s inconsistencies and violations of its Articles of Incorporation and Bylaws. Specifically, ICM requests, among other things, that the Independent Review Panel declare that: (1) ICANN?s administration of the RFP as it related to ICM?s application was inconsistent with ICANN?s Articles of Incorporation and Bylaws; (2) ICANN?s repudiation of its previous determination that ICM?s application fulfilled the criteria for approval set forth in the RFP was inconsistent with ICANN?s Articles of Incorporation and Bylaws; (3) ICANN?s rejection of ICM?s application was inconsistent with ICANN?s Articles of Incorporation and Bylaws, resulting in substantial, unjustifiable, and unreasonable harm to ICM; (4) ICANN must immediately execute a registry agreement on terms and conditions substantially similar to ICM?s draft registry agreement posted to the ICANN website on 16 February 2007; (5) ICANN must pay compensation for all costs incurred by ICM in connection with both its application and Request for Independent Review; (6) ICM is the prevailing party in this Independent Review Process; and (7) the determination regarding whether any of ICANN?s actions were inconsistent with ICANN?s Articles of Incorporation and Bylaws is binding on ICANN.
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so basically they ask an ICANN panel to admit that ICANN board made a mistake last year and hm... points 4 and 5...
(4) ICANN must immediately execute a registry agreement on terms and conditions substantially similar to ICM?s draft registry agreement posted to the ICANN website on 16 February 2007; (5) ICANN must pay compensation for all costs incurred by ICM in connection with both its application and Request for Independent Review.
so if I read it right, they want that that independent ICANN panel reverses the ICANN board decision that rejected .xxx, and compensates ICM for the costs.
i'm not so familiar with the Independent Review panel.
This is definitely something else than the process of taking decision by ICANN board, where they look for public comments, like 1 year ago...
But since this ICANN panel apparently has the possibility to ask the ICANN's board to reverse its decision, then perhaps some comments from the adult webmaster community to the Panelists could be subitted as well.
But this is just loud thinking, I don't really have more knowledge on how this Independent Review will look like...