[arin-discuss] Legacy Legal Defense Fund and Legacy Registry

[Dean Anderson]

On Wed, 10 Oct 2007, Michael K. Smith - Adhost wrote:
> > Defense from ARIN, if it decides there are no legal obligations to
> > Legacies.
> > 
> I thought we had already established that there is no legal obligation
> today, let alone moving forward.  The services provided by ARIN for
> legacy address holders are based upon a "moral" obligation agreed upon
> in principal when ARIN was first formed.

No, that hasn't been established. Your view has been asserted by people
without even a formal legal opinion on the subject. After an opinion is
obtained, supposing there is still serious disagreement, one can still
challenge that opinion through suit for declarative judgment.  There is
a long way to go to 'established'.

> If a separate registry was formed, it seems to me that the funding for
> this registry would be accounted for from within the membership, i.e.
> the legacy address holders participating in the registry.  I can't
> think of a reason why ARIN would be responsible for these costs.  

After separation, it could be that ARIN would indeed have no further
responsibilty for Legacy costs.  However, ARIN was founded on the
agreement that it would provide these services. ARIN has to buyout that
agreement and disburse some of the benefits it obtained to the new 
Registry that assumes ARIN's former responsibilites.

But the rest of the details are up the legacy's through offlist
discussion, and the legacy's would be the sole members of the new
registry.

		--Dean

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