As implied in my earlier mail, it is crucial that if we are giving formal ADVICE, we label it as such. I recognize that at the time, we clearly did not think that this was an issue that would have needed such attention.
Regarding how to react now, it may be that I am simply old and crotchety, but I think that taking formal action now will:- cause a bunch of paperwork and effort, but end up with no change;
- annoy some people;
- cause some people to wonder why ICANN is wasting money on us; and
- cause a few people to admire us for sticking to our principles.
The negatives seem to far outweigh the positives.
I admire Olivier's idealism, but the cynic in me cannot recommend putting volunteer effort into this.