You may remember that ICANN had to agree on a settlement with Verisign because all the lawsuits were threatening its very existence.

Well, ICM registry spent 6 years and 3 million US dollars in hope of being allowed to run .XXX.  Now that the board has performed an acrobatic U-turn on the decision they took some weeks ago, the question is of course who is liable for the 3 million loss.  6 years is a long delay to examine a request. Had ICANN disapproved the TLD earlier, the  prejudice for ICM would have been more limited. 6 years is not what one would call “due diligence”.

The sad thing with claiming for damage in such a case is that you need to be able to afford it, financially. Yet another reason to move ICANN out of US jurisdiction, to a country where everyone can afford a lawsuit.