U.S. District Judge John Walter issued his opinion yesterday on the preliminary injunction motion in the Dotster, et al. v. ICANN litigation. The ruling, denying the registrars' request for a preliminary injunction, (available as 400K TIFF file or a 2.3 Meg PDF file) is a significant victory for ICANN. As I read it, the Court adopted ICANN's view on every issue. The opinion examines the meaning of key provisions in the RAA and discusses when "consensus" is required for new initiatives, and it is well worth reading even if you're not specifically interested in the WLS.
I found one phrase near the end of the opinion especially important for ICANN's long-term viabilty and independence: "In this case, the proposed preliminary injunction would interfere with the comprehensive scheme devised by the Department of Commerce to administer the Internet. Such interference should not be undertaken lightly." That language suggests that courts should grant some deference to ICANN's decisions when it comes to evaluating what is in the public interest. That's big.
Copies of the pleadings in the case can be found on the ICANN web site.
UPDATE: ICANN has issued a press release here.
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ICANN Wins Key Ruling in Dotster-WLS Litigation
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