In the ICANN-NSOL relationship, it's who's the dog and who's the tail, if you catch my drift. Right now and for some time, it seems NSOL is the dog wagging the ICANN tail. That's backwards, IMHO. But you can bet NSOL is going to put up a hell of a fight. Yeah. When lots of money is at risk they will, they did this with the Sex.com case. While Moniker is letter e360's lawyer litigate against me, when they could have saved themselves lots of trouble by cooperating with me.
Given the Netsol/ICANN letters regarding Whois accuracy a few years back, it does not give one ANY confidence in the ICANN management.
What ICANN has to decide is whether it's going to fight with NSOL or seek to weasel out from underneath. My guess is that ICANN will fold and eventually plead for mercy from the court so that none of the Board members have to pay any penalties to registrants out of their personal pockets. I'm not sure if ICANN will be able to be held liable. What I hope is that the powers to be at ICAN will wake up and realize that doing the right thing as a rule is also the best for avoiding lawsuits (though one should do the right thing because it is the right thing).
Maybe ICANN's management will reconsider the issue of domain name frontrunning.