[arin-ppml] ARIN-prop-174 Policies Apply to All Resources in the Registry

[William Herrin]

> On Jun 20, 2012, at 7:45 PM, William Herrin wrote:
>> I don't suppose ARIN would be so kind as to post the
>> documents from the relevant case law in a web archive
>> somewhere so that anyone here can read it for
>> themselves and draw their own conclusions?

Thanks John and I apologize for my abrasive phrasing. Let me pull out
and emphasize the fantastic URL you offered:

http://chapter11.epiqsystems.com/NNI/docket/Default.aspx?RelatedID=290578

If you then search the docket text for "sale of internet" you'll find
docket 5315, "Order (i) Authorizing And Approving The Sale Of Internet
Numbers [...]".

"It is hereby found and determined that.
[...]
G. The Seller has the exclusive right to use the Internet Numbers and
the exclusive right to transfer its exclusive right to use the
Internet Numbers."

>From what I've read, "exclusive right" is legalese with a strongly
precedented meaning. Wikipedia talks about it briefly here:

http://en.wikipedia.org/wiki/Exclusive_right


On Wed, Jun 20, 2012 at 8:13 PM, John Curran <jcurran at arin.net> wrote:
> Nortel and Microsoft signed the Amended Purchase Agreement which was
> approved by the court and stated:
>
> "Other than entry into the LRSA, no Consent from ARIN or any other
> regional internet registry is required for the purchase of Seller’s
> Rights hereunder."

That's a very pretty turn of phrase. But it's a statement by the
purchaser, by Microsoft. Not by the court. Moreover, it's very
interestingly phrased as a negation: it doesn't even say "Purchaser
has signed an LRSA as required." It actually says, "Everybody
consenting to this agreement stipulates that nothing else is
required."

As long as we're tossing around legal quotes *not* from a judge, allow
me to offer this one from a deposition of the President and CEO of
ARIN.

"The Court's order includes within it IP resources not issued or
controlled by ARIN. [...] They were not issued by ARIN. Like other
'legacy' address holder's issued resources before ARIN began, ARIN has
never had an agreement with UUNET that would give it authority over
those specific resources."

He went on to ask to be relieved of any duty to transfer those legacy
addresses, addresses then and now reported in ARIN's whois database,
since no one ever gave ARIN the authority to do so.

Sound familiar?

Regards,
Bill Herrin



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William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
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