Thomas Roessler is asking "Are the existing business models lawful? Can current expired-domain registration services compete without registrars violating their accreditation agreements by letting others control "their" transactions with the registry?" The fact is that *some* of the business models surrounding dropped names capture is in accordance with the various operating contracts of registries - and some are not. Denying or approving the WLS based on some perceived (or actual) behaviours by a subset of contracted parties is not what the board should be engaging in. Rather, they need to pull back and make a decision that is consistent with ICANN's mandate as described in the Principles set forth in the DOC MoU.
[Completely Unrelated Sidebar: Whether or not the WLS is approved or not by the board today is one question, however I'm still amazed at the level of misinformation that has crept into the discussion. This is only important insofar as it effects the consensus process. If the participants do not possess accurate information, then they cannot develop an informed position on the subject. If the position they hold is not informed, then they will not be able to compromise (ie - work to achieve consensus) on the appropriate points. This ineffective negotiation will consistently produce inappropriate policies.]