I love your analogies, but you're missing one key point...IOD has never had the
legal authority to give out .web domains. I could sell land on the Moon if I wanted
to, and you could buy Moon land from me, but since I don't own the Moon you really
wouldn't own anything. Maybe you would buy the pieces from me in the hopes that one
day I have the authority to sell land on the Moon, but it is nothing more than hope
and a risk.
The same situation exists here. The laws are clear and you can speak
to your own lawyer about this. ICANN was formed as a new entity to take over the
duties previously assigned to IANA, a now defunct agency. In doing so, ICANN has
no legal obligation or responsibility to respect any agreements IANA made (furthermore,
as if that isn't enough, IOD has yet, to my knowledge, even brought forward so much
as a signed contract between them and IANA). So therefore, IOD does not have the
official, legal authority to hand out legal, official .web addresses. The preregistrations
are nothing more than a statment from IOD stating that "we hope to be able to enter
this into the root server for you, but we can make no guarantees that this will happen."
The
final decision of whether or not to enter IOD preregistrations into the root lies
with ICANN. ICANN can do it, or ICANN can choose not to do it. Whatever the decision,
ICANN will be doing what it has the legal right to do. If they enter them, you will
have been rewarded for your risk. If they do not enter them, your risk will not pay
off. Either way, legally - IOD .web preregistrations are NOT guaranteed, official
.web properties.
Can't say it any clearer than that. Don't want to believe it,
go ask your lawyers folks.