[ARIN-consult] Consultation on ARIN Fees

[John Curran]

On 21 Jul 2021, at 5:15 PM, William Herrin <bill at herrin.us<mailto:bill at herrin.us>> wrote:

On Wed, Jul 21, 2021 at 9:38 AM John Curran <jcurran at arin.net<mailto:jcurran at arin.net>> wrote:
       That’s an Interesting assertion indeed ("An uncontracted legacy registrant has certain rights at common law.”) – given the lack of determinations to that effect, you’ve entered some rather speculative territory.

Speculative beats zero.

Unless you're planning to change ARIN's quarter-century practice of
risk aversion toward letting cases proceed to the point where a court
sets a precedent about the shape of the pre-ARIN registrants' rights?

<chuckle> There are not a lot of folks willing to argue in a court that they have some hypothecated rights to ARIN’s registry database – particularly after the USG facilitated transition and specifically indicated that "Creation of ARIN will give the users of IP numbers (mostly Internet service providers, corporations and other large institutions) a voice in the policies by which they are managed and allocated within the North American region.”  <https://www.nsf.gov/news/news_summ.jsp?cntn_id=102819>

I know Owen remembers how far ARIN bent in Microsoft/Nortel to reach
an agreement, any agreement, rather than let the court set precedent
with respect to what it could do with Nortel's legacy registration.

Incorrect - ARIN has consistently defended our position that ARIN’s registry database will only be changed in accordance with community-developed policy – it’s an inherent portion of why we were established, as noted above.

In the case of Norte/Microsoft, the parties agreed to condition the sale on compliance with ARIN’s policies and Microsoft’s entry into an RSA with ARIN – ARIN concurred only after this condition was established
Reference [In re Nortel Networks, Inc., No. 09-10138, KG 2011 WL 110098, Docket # 5315, at 4 (Bankr. D. Del. 2011) (assignee’s interest limited to exclusive right to use)]

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers

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