[arin-ppml] ARIN-prop-175 Delete Section 8.2

[Jo Rhett]

On Jun 20, 2012, at 10:19 AM, Astrodog wrote:
> I'm curious as to the rest of the community's thoughts on this problem. The way 8.2 is written currently, it seems to provide a relatively easy "end run" around meeting the 8.3 requirements, and without ARIN spending quite a bit of time figuring out exactly what it is someone bought, I'm not sure there's a way to tell if an equipment sale was performed to enable an 8.2 transfer or if it's just part of transferring an ongoing operation.


I believe that John's comments about court actions on sales and transfers provide some guidance on this. I suspect that even if we pass this policy it may not pass muster with the courts.

It's a tricky business. I've seen sales of all customers without the equipment. The purchaser came in and installed their own preferred platform in place at the premises. The selling corporation didn't exist once the transaction was complete.  Most courts would rule that the relevant assets were transferred.

I would like to hear from John, but I suspect this may be a matter where it's best to leave this as an operational situation for the ARIN staff to deal with. I don't think we can ratchet this down in policy without just making their job harder.

-- 
Jo Rhett
Net Consonance : net philanthropy to improve open source and internet projects.



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