Originally Posted by drjones

In fact, regardless of the
Board's ultimate decision, we would think it would wish to initiate its own
inquiry to determine whether any member of ICANN staff provided encouragement
for Mr. Lawley's apparent view that the ultimate adoption of some .XXX registry
contract has been a certainty since mid-2005. Surely, it cannot be the case
that ICANN's initial decision to enter into negotiations with the applicant for
a proposed sponsored TLD constitutes a guarantee that such negotiation will
inevitably result in the approval and signing of a final agreement. If that is
ICANN's negotiating posture it is volunteering to be at a disadvantage at every
bargaining table, and is also telling the community that it only has power to
influence the terms of such proposals but has no power to successfully oppose
their approval."