That's the trick, kid. If any participating registrars in the DCJ break silence and sign up for the SN WLS API before Oct 27, the chances of the legal suits being thrown out of the water become almost a certainty.
If all the DCJ registrars wait any longer than Oct 27th, NetworkSolutions will already have activated the system and creamed up the best.
It's really like staring into the barrel of a howitzer with the shell being loaded. Personally, I would like to see eNom participate way before Oct 27. They deserve better.