Following a ruling in its favour by ICANN's Independent Review Panel (IRP), would-be .XXX operator ICM Registry is pushing ICANN to honour the 2007 contract which should have allowed it to run .XXX for the last 3 years.
ICM Chairman Stuart Lawley has written to ICANN Chairman of the Board Peter Dengate Thrush. "I sincerely hope you share (…) the view expressed by so many (…) that the completion of the first ever Independent Review Process following the issuance of the Panel’s recent ruling is a defining moment for ICANN," writes Lawley.
Lawley expects his legal fees alone to exceed USD 6 million. But ICM is not asking ICANN reimburse these or even make reparations for the loss of revenue ICM has undoubtedly suffered from not being able to launch .XXX in 2007. What ICM is asking for, however, is that it be considered a part of the 2004 application round and not be amalgamated into the new gTLD program. "Nothing in the declaration would justify a decision to reconsider the ICM application in connection with the upcoming new gTLD round," Lawley argues. "Nor is there any principled reason to apply new rules or requirements to a proposal that was already determined to comply with the rules and procedures governing the 2004 sTLD round."
Lawley will be making the trip to Nairobi next week for ICANN's 37th international meeting, where he is hoping to meet with Dengate Thrush and ICANN CEO Rod Beckstrom and to see the ICANN Board revisit the .XXX issue.
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