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?Thylmann again approached ICM, ostensibly interested in doing business with us,? Lawley stated in his declaration. ?He also said that he was planning to start his own adult industry trade group, consisting of the two or three ?powerhouses? of the industry (including Manwin), using organizations such as the Motion Picture Association of America and the Recording Industry Association of America as models?. He said that such a group was necessary because the Free Speech Coalition (a trade group representing certain segments of the adult industry) was not in a position to provide any real value for its members.
?After making these statements, Thylmann then set forth a list of ?nonnegotiable? demands to be met by ICM in order for Manwin to consider conducting business with ICM,? the declaration continues. ?Thylmann stated that he would ?tie up ICM in litigation? if ICM did not meet all of his demands.?
According to both Lawley and Dumas, by October the demands included:
? Allocation of several thousand dot-xxx domain names to Manwin free of charge.
? ICM?s commitment to circumvent its policy development body, the International Foundation for Online Responsibility, particularly with regard to the operation of tube sites within dot-xxx.
? Across-the-board discounts on dot-xxx domain registrations.
? Allocation of so-called ?premium? domains, including Tube.xxx, to be operated by Manwin under a revenue-sharing agreement with ICM.
?Thylmann further stated that in order to explain Manwin?s change of heart regarding .XXX, ICM had to agree to concessions that would put a positive ?spin? on Manwin?s involvement, namely, that it would appear that Manwin accomplished some positive impact for the adult industry when news of the deal was announced,? Lawley?s declaration notes.