After Gary Klausner admitted his mistake with the preliminary order, that obstructed .africa to be delegated to DCA competitor ZA Central Registry, he now suggests that ICANN could be wrong.
In his opinion ICANN made DCA bear the Geographic Names Review as each other new gTLD user.
To pass the evaluation processes both DCA and ZACR had to prove their 60% support from the governments in Africa and that they had no more than 1 governmental objection.
While ZACR had all the support, DCA had nothing but a dozen of objections from African governments.
If ZACR managed its geographic analysis, DCA’s application was put away before the analysis to be finished. The decision was made based on the Governmental Advisory Committee advice.
With an Independent Review Process panel, DCA proved that ICANN had disappointed performing its bylaws and that DCA’s application should go back to the evaluation processes. DCA’s application was given back by ICANN before the geographic review was finished.
In the end DCA failed due to lack of support.
Although Klausner admits his mistake, he says that the April order did not depend on this error. He actually believed that DCA passed the geographic review.
“The Court finds that the error in its factual finding was not determinative to its ultimate conclusion that there are serious questions going toward Plaintiff’s likelihood of success on the merits.”
Klausner confesses that somehow there is some worth in DCA’s objection that it could have been authorized to prevent the GNR because of the IRP’s recommendation that ICANN allows DCA Trust’s application to go on via the change of the new gTLD application course.
“At this stage of litigation, it is reasonable to infer that the IRP Panel found that ICANN’s rejection of Plaintiff’s application at the geographic names evaluation phase was improper, and that the application should proceed to the delegation phase,” were some of Klausner words.
It appears that GAC has failed DCA on the first pass, and not the geographic panel.
If DCA could do it, so does Africa regarding the .africa gTLD operator, despite the lack of support and the fact that does not fulfill ICANN’s rules.