Basically, it is an illegal lottery. In a similar case involving the registration of .biz names where people had the right (option) to purchase .biz names through a lottery federal district court ruled in favor of the plaintiff i.e., against the lottery.
If one is interested, here is their complaint. http://www.icann.org/...nd-cmplt-01aug01.pdf I am sure with some minor tweaks one could do the same for the Kona lottery. Do you have links to the court judgment documents? The complaint you posted is not a federal lawsuit. It was filed in California Superior Court in Los Angeles County. What I've been able to find is that the court denied the application for preliminary injunction (i.e., did
not find in favor of the plaintiff) and that the case settled, meaning no final judgment was entered ruling the ICAAN lottery to be illegal under California law.
EDIT TO ADD
Further research indicates that apparently the court first declined to issue the preliminary injunction and then later did, in fact issue it. Still haven't found the order issuing the injunction, but if California law on TROs and Prelim injunctions is similar to other states, the court still would not have found that the lottery was an illegal lottery, but merely that the plaintiff class was "likely to succeed at trial." Small distinction, I know.
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Steve Perkins