[Ws2-jurisdiction] Employ Media LLC case summary

Raphaël BEAUREGARD-LACROIX raphael.beauregardlacroix at sciencespo.fr
Tue Apr 18 20:54:46 UTC 2017


As a follow up from the call, and to answer the question raised by some
regarding the settlement of the case:

As a reminder on the facts of the dispute,It was claimed by ICANN that
certain .jobs registrants did not comply with the requirements set out in
the registry charter and that Employ Media, the registry, has proceeded
with a unilateral broadening of the charter. Boiling it down, the dispute
focused on how to interpret the list of requirements set out in the
charter, as they were not all factually mutually exclusive (it was
eventually possible to imply the satisfaction of some requirements from the
satisfaction of some others)

ICANN and Employ Media settled on the basis of representations made by the
sponsor of .jobs (the Society for Human Rights Management), to the effect
that, among others, it would ensure that registrants provide the necessary
representations with regards to their own compliance with the requirements
of the charter. The letter provided by SHRM states that it believes all
currently registered names comply with the charter.

In that sense, it would be difficult to determine a clear winner in this
case, while ICANN did not "back off," no names had to be deregistered as a
result of the settlement. In a way, the sponsor seems to have stepped in
and vouched for the actions of Employ Media.

I have amended the case report with this information. The new version is
attached here.

Best,


2017-04-18 8:22 GMT+02:00 Greg Shatan <gregshatanipc at gmail.com>:

> All,
>
> I encourage you to review this case summary as well (which alsol has now
> been on our list nearly two weeks) and reply with any observations or
> questions you may have.
>
> Greg
>
>
> *Greg Shatan *C: 917-816-6428
> S: gsshatan
> Phone-to-Skype: 646-845-9428
> gregshatanipc at gmail.com
>
>
> On Thu, Apr 6, 2017 at 5:33 AM, Raphaël BEAUREGARD-LACROIX <
> raphael.beauregardlacroix at sciencespo.fr> wrote:
>
>> Hello everyone,
>>
>> You will find attached the summary for Employ Media LLC v ICANN, an ICC
>> arbitration case that was ultimately settled.
>>
>> Best,
>>
>> --
>> Raphaël Beauregard-Lacroix
>> Sciences Po Law School 2014-2017
>> LinkedIn
>> <https://www.linkedin.com/in/rapha%C3%ABl-beauregard-lacroix-88733786/>
>> - @rbl0012 <https://twitter.com/rbl0112> - M: +33 7 86 39 18 15
>> <+33%207%2086%2039%2018%2015>
>>
>>
>>
>> _______________________________________________
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>>
>


-- 
Raphaël Beauregard-Lacroix
Sciences Po Law School 2014-2017
LinkedIn
<https://www.linkedin.com/in/rapha%C3%ABl-beauregard-lacroix-88733786/> -
@rbl0012 <https://twitter.com/rbl0112> - M: +33 7 86 39 18 15
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