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→Employ Media Response to ICANN Notice of Breach
===Employ Media Response to ICANN Notice of Breach===
===Employ Media Response to ICANN Notice of Breach===
In response to ICANN's Notice of Breach against Employ Media, the registry operator expressed its disappointment and disagreement to the position of the internet governing body. The company also invoked the cooperative engagement provision of its registry agreement and assigned its vice president and general counsel Brian Johnson as representative. Furthermore, the company emphasized that it is not waving its rights or remedies against ICANN regarding any issue and reserves its right to resolve the problem in any appropriate forum.<ref>
In response to ICANN's Notice of Breach against Employ Media, the registry operator expressed its disappointment and disagreement to the position of the internet governing body. The company also invoked the cooperative engagement provision of its registry agreement and assigned its vice president and general counsel Brian Johnson as representative. Furthermore, the company emphasized that it is not waving its rights or remedies against ICANN regarding any issue and reserves its right to resolve the problem in any appropriate forum.Furthermore, the company defended its position regarding the universe.jobs by reasoning out that it followed the required procedures in introducing new registry services through the Phase Allocation Program, which was approved by ICANN. Moreover, Employ Media assumed that ICANN changed its position to give way to the pleadings of the .JOBS Charter Compliance Coalition. <ref>
[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf Employ Media Responce to ICANN'S Notice of Breach]</ref>
[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf Employ Media Responce to ICANN'S Notice of Breach]</ref>
Employ Media through its general counsel tried to resolve the issue with ICANN. On April 2011, the company agreed to amend its charter and it will stop registering .jobs domain names that are non-company names until May 6.</ref>[http://domainincite.com/registry-avoids-jobs-shut-down/ Registry avoids .jobs shut-down]</ref>
===Employ Media Arbitration Proceedings vs. ICANN===
In May 2011, Employ Media filed an arbitration proceeding with the International Chamber of Commerce (ICC) International Court of Arbitration to resolve the notice of breach to the .jobs registry agreement issued by ICANN after its cooperative agreement proceedings with the internet governing collapsed. According to Thomas Embrescia, the arbitration is necessary to remove the “unwarranted and unprecedented threat of contract termination” that caused uncertainties to the .jobs TLD and to his business.<ref>[http://www.ere.net/tags/dotjobs/ .Jobs Manager Seeks Arbitration by International Court]</ref>
The cooperative agreement between the two organizations failed after Employ Media objected to ICANN’s publication of their cooperative agreement correspondences in connection with the notice of breach and described it as “bad faith action” on the part of the internet governing body. On the other hand, ICANN’s legal counsel Eric Enson responded that the internet governing body was just carrying out its accountability and transparency responsibilities to the internet community when it posted the details of their cooperative negotiations. Furthermore, Enson accused Employ Media that it “has no intention to work with ICANN cooperatively to resolve the problem” and its lawyer Arif Ali of “legal posturing,” which was “seemingly geared solely towards use in future litigation” <ref>[ http://domainincite.com/war-of-words-over-jobs-breach-claims/ War of Words Over Jobs Breach Claims]</ref>
On July 2011, ICANN responded to Employ Media’s request for arbitration. The internet governing body remained firm and strongly defended its decision that the notice of breach to the .jobs registry agreement issued to Employ Media was appropriate and requested the arbitration court to dismiss the case and to deny the registry operator’s request for relief.<ref>[https://docs.google.com/viewer?a=v&q=cache:qMFYxr-vmqIJ:www.icann.org/en/news/litigation/employ-media-v-icann/answer-to-request-for-arbitration-22jul11-en.pdf+ICANN+and+Employ+Media+Arbitration&hl=en&gl=us&pid=bl&srcid=ADGEESjKphDhfLHf-8xZ8E8tqSayBuA1SGJina6mbbyq27szb-P7a_i2V79KHJD6nHhFjxUpYO2Td97VLx1rBkJs-Ht1k7bVuM4WTuqtNgZAAGXUFI5cUfWKjkYethxEPH9QAlGAfveP&sig=AHIEtbSXxXw7kr2bKyU4voSfKp_-UqOl7w ICANN’s Response to Employ Media’s Request for Arbitration]</ref>
==.JOBS Charter Compliance Coalition Attacks ICANN==
On December 2011, the .JOBS Charter Compliance Coalition criticized ICANN because the arbitration case went idle. According to the coalition, ICANN’s failure to inform the ICANN community regarding the status of the arbitration regarding Employ Media’s universe.jobs website was a “regrettable standard practice” and accused ICANN of being complicit in the “consensual delay” of the contract dispute arbitration.<ref>[http://www.ere.net/2011/12/08/jobs-coalition-says-arbitration-case-is-dormant/#more-22644 .Jobs Coalition Says Arbitration Case Is Dormant]</ref>
As of March 12, 2012, ICANN and Employ Media are still waiting for the timetable of the arbitrations proceedings from the ICC International Court of Arbitration.<ref>[http://www.icann.org/en/news/litigation/employ-media-v-icann Arbitration: Employ Media vs. ICANN]</ref>
===.JOBS Charter Compliance Coalition Appeal to SHRM and ICANN===
===.JOBS Charter Compliance Coalition Appeal to SHRM and ICANN===