Well the fact is they did qualify, and there was a lengthy investigatory finding that confirms that.
You're confusing ICANN's process with reality. The process purported to confirm that the porn industry supports .XXX. In reality, there are pornographers picketing the ICANN meeting because they so very much do not.
ICANN has to respect its own processes or it's a joke.
One can criticize the process, work to do better in future, but that doesn't invalidate it. ICANN should just let it go through and move on.
The process is 100% completely broken. A process that broken needs to stop. I used to think that ICANN should shrug, approve .XXX, and go on. Now I think that the best thing we can do for the good of the Internet is to throw sand in the gears wherever possible, since the less ICANN does, the better. This specifically includes all of the new TLDs that (despite what they claim) nobody but their promoters want. Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Please consider the environment before reading this e-mail. http://jl.ly