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== Manwin Lawsuit ==
== Manwin Lawsuit ==
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the [[.xxx]] [[sTLD]]. This legal action took place in November, 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX]. The Domains. Published 2011 November 16.</ref> It also filed an [[IRP|Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN did not "adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand]. Domain Incite. Published 2011 November 17.</ref>
In January, 2012, ICANN and ICM both filed motions to dismiss the case. ICANN argued that since it is a not-for-profit organization and it is not engaged in "trade or commerce," the US anti-trust laws are not applicable; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition. ICM cited that Manwin had approached the company earlier with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange for sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: Antitrust Law Does Not Apply To Us]. Domain Incite. Published 2012 January 21.</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.
In mid-February, Manwin, ICANN and ICM Registry announced that they were in talks and hoping to resolve some or all of the outstanding complaints. The motions to dismiss the case filed by ICANN and ICM were temporarily put on hold.<ref>[http://domainincite.com/icm-and-youporn-in-antitrust-settlement-talks/ ICM and YouPorn in AntiTrust Settlement Talks]. Domain Incite. Published 2012 February 14.</ref> On February 17, the company amended its anti-trust lawsuit against ICANN and ICM Registy. According to Manwin's counsel Kevin E. Gaut, two related state law claims were dropped to avoid potential risks of trial delays.<ref>[http://www.thedomains.com/2012/02/21/manwin-amends-complaint-against-icm-icann-drops-2-state-claims-talks-of-settlement/ Manwin Amends Complaint Against ICM & ICANN & Drops 2 State Claims & Talks Of Settlement]. The Domains. Published 2012 February 21.</ref>
In August 2012, a mixed ruling by the Central District of California District Court accepted only 2 out of ICANN and ICM's 7 motions to dismiss. The court ruled that ICANN would be subject to anti-trust law, as ICM pays fees to them in order to be permitted to run the .xxx domain space, and that the trial would proceed with focus on the "defensive registrations" market.<ref>[http://domainincite.com/10149-court-rules-youporn-can-sue-icann-for-alleged-xxx-antitrust-violations Court rules YouPorn can sue ICANN for alleged .xxx antitrust violations]. Domain Incite. Published 2012 August 14.</ref>
==References==
==References==