[ARIN-consult] [arin-announce] Reminder: Consultation onRegistration ServicesAgreement - MORE
jcurran at arin.net
Tue Aug 18 08:48:10 EDT 2015
On Aug 18, 2015, at 7:54 AM, Mike Burns <mike at iptrading.com<mailto:mike at iptrading.com>> wrote:
You are either wrong, or not understanding what I wrote earlier and what I wrote in this thread to Owen.
When Nortel put those blocks up for sale, none of them had ever been registered to Nortel in Whois.
Therefore there were the same kind of inaccurate Whois registrations then as we have now will shell corporate transfers, as a result of Nortel never coming to ARIN to do an 8.2 transfer when they acquired those companies years before.
After the judge approved the sale and during the 30 day period before it was finalized, ARIN must have processed ex-post facto 8.2 transfers to bring those netblocks under Nortel's name, where they were then processed in an 8.3 transfer to Microsoft. Under policy, cough.
They were not “ex-post facto” 8.2 transfers, as no transfer to any other party
had yet occurred. If you believe that the court approved the sale after the
auction, please cite a copy of the court order which states such. There _was_
a proposed sale document and draft court order, which ARIN received and
then intervened, but that order was not approved by the court. The court did
ultimately approve a sale document and order, but those documents were
both the result of discussions between ARIN, Microsoft, and Nortel, as noted
in NNI Docket, document #5280 -
“10. Second, the revisions reflected in the Amended Sale Agreement and Revised Order
were the result of negotiations between Microsoft, ARIN and NNI and, accordingly,
ARIN’s counsel has informed NNI that it does not oppose entry of the Revised Order. “
I will keep making the assertion that the Nortel blocks were not registered to Nortel in the many years between their acquisitions of the companies to whom these blocks were registered, and the late 2010 auction, which which I was involved. I still have the documentation going along with the original auction, do you want to see these to confirm what I say?
The fact that they were not updated until the actual third-party transfer is not
contested, and in fact, is quite common even today in 8.3 and 8.4 transfers.
The point is that an M&A transfers and the application of 8.2 policy occurs as
part of the overall process, and prior to the completion of the transfer of rights
to a third-party via an 8.3 transfer.
You keep saying I am making false statements, tell me again what I wrote, at any time, was not accurate.
See above - the characterization of “ex-post facto” would only be applicable if the
transfer to a third-party occurred prior to ARIN’s approval; note that the auction
result specifically is not a sale, but results in a transaction which is then brought
to the court for approval.
The Nortel blocks were not registered to Nortel when they went up for sale. Period.
Correct. However, your statement to the effect that the the relevant 8.2 transfers did
not happen "except ex-post facto" was inorrect, since the court did not approve the sale
as it was proposed. The 8.3 transfer did not occur until ARIN finished the review, and
a set of updated documents were submitted and approved by the court as noted above.
President and CEO
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