[arin-ppml] ARIN-prop-172 Additional definition for NRPM Section 2 - Legacy Resources

John Springer springer at inlandnet.com
Tue Jun 19 23:15:05 EDT 2012


Hi Bill,

Both of these excerpts are me.

On Tue, 19 Jun 2012, William Herrin wrote:

> On Tue, Jun 19, 2012 at 3:23 AM, Lindsey, Marc <mlindsey at lb3law.com> wrote:
>> I'm pretty sure there are valid contracts (verbal and otherwise) for which
>> there is no document. When I got my IANAL certificate, I thought I knew
>> that a valid contract required only an exchange of consideration and
>> assent by both parties.
>
> Hi Marc,
>
> IANAL, but IIRC from the contract law class I took back in college, it
> requires an exchange of consideration and a "meeting of the minds." If
> you can show that both parties understood themselves to be agreeing to
> the same thing, you have a contract, even on a handshake. On the other
> hand, if you can show that the parties reasonably had a significantly
> different understanding of what they were agreeing to at the time they
> agreed to it, or that they weren't indicating agreement on anything at
> all then no contract formed.

I'm still not either. It seems like we are agreeing here.

> On Tue, Jun 19, 2012 at 10:23 PM, John Springer <springer at inlandnet.com> wrote:
>> There is a vast difference
>> between the contract may not be enforceable and there never was a contract.
>> We have a number of folks here loudly and repeatedly asserting the latter. I
>> have no particular dispute with the former and respectfully disagree with
>> the latter.
>
> Hi John,
>
> Can you identify the exchange of consideration involved during a
> legacy registration? Can you identify the terms on which the minds
> met? I'll be happy to share the documentation from my registration
> back in the early '90s if you need an example to review.

Me doing so or not would have no effect on the original fact of the 
matter. I am familiar with the concept that at least some of the legacy 
holders have come to regard Jon Postel as Santa Claus and the date of 
their legacy allocation or assignment as a combination of their birthday 
and Christmas. Any misconstrual of the nature of the original exchange is 
merely a useful fiction.

I reject the idea that legacy allocations and assignments were gifts. 
Perhaps that is excessively existential of me but there you have it.

John Springer

> Regards,
> Bill Herrin
>
>
> -- 
> William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
> 3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
> Falls Church, VA 22042-3004
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