ARIN-PPML Message

[ppml] Fw: US District Court, Oct 23rd


Of course, it would also have to stand up to an appeal.

Tony
 

> -----Original Message-----
> From: ppml-bounces at arin.net [mailto:ppml-bounces at arin.net] On 
> Behalf Of Scott Leibrand
> Sent: Thursday, October 26, 2006 11:18 AM
> To: Michael.Dillon at btradianz.com
> Cc: ppml at arin.net
> Subject: Re: [ppml] Fw: US District Court, Oct 23rd
> 
> Well put.  The other thing that this lawsuit could do (if the 
> plaintiff 
> prevails against ARIN) is put in place a precedent that IP 
> addresses are 
> property, thereby opening the door for companies to buy and sell IPs 
> without regard to ARIN policies.  In the extreme, this could open the 
> door wide open to market (re-)distribution of IPs, which is 
> controversial to say the least.
> 
> -Scott
> 
> Michael.Dillon at btradianz.com wrote:
> >> Any news on what happened? 
> >>     
> >
> > Some have asked me personally, "What on earth are
> > you talking about?". If you were at the meeting
> > then you know, and if you read the transcript
> > of the meeting here (scroll down to MR. RYAN)
> > 
> http://www.arin.net/meetings/minutes/ARIN_XVIII/ppm1_transcrip
> t.html#anchor_1
> > then you also know.
> >
> > Basically, ARIN counsel stated at the meeting 
> > that the lawsuit where Kremen is suing ARIN, 
> > would come before Judge Ware of the US District
> > Court in San Jose on Oct 23rd. This happens to
> > be the same judge who earlier ruled that Kremen
> > was the rightful owner of the domain sex.com.
> >
> > In a nutshell, Kremen is claiming that he owns some
> > IP addresses and that ARIN should give them to him
> > right away with no formalities, which seems to imply
> > that he doesn't have to comply with any of ARIN's
> > policies and procedures. For instance, he has refused
> > to sign a registration services agreement.
> >
> > The results of this are important, because it could
> > undermine ARIN's fundamental democratic nature and
> > serve as a precedent for US government regulation of
> > stuff like ARIN does. After all, if a court can simply
> > set aside ARIN's open processes and democratically-made 
> > decisions in favor of someone who can afford to launch
> > a lawsuit, then all of us are in a rather unstable
> > position regarding our right to use the IP addresses
> > that we have been allocated. It also raises doubts about
> > an ISPs ability to withdraw assigned addresses when a
> > customer ceases to be connected to their network.
> > If ARIN's right to run things our own way is not
> > recognized by the courts then the only way I can see
> > to fix that is via new legislation which could well 
> > lead to regulation.
> >
> > This is darned important stuff and I wish that someone
> > was following it in the way that groklaw.net follows
> > the SCO-IBM dispute.
> >
> > --Michael Dillon
> >
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> >   
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