Why shocking? The writing has been on the wall for a very long time.
If Kirby couldn;t get the court case heard and resolved quickly then it is in his best interests to find another way around this. As he owns the rights to the design he can do pretty much what he likes.
If ILCA has half a brain cell (and by extension the ISAF) they will follow this (this is kind of an extension of what they have been trying to do albeit in a different way). Kirby may even agree to drop his case against them if they do (to sweeten the deal).