[arin-discuss] pre-ARIN IP allocation legal rights

[Jo Rhett]

Exactly so.

Many people are arguing that the lack of an explicit contract/policy  
was in itself a contract without a policy.  I disagree.  (god only  
knows if lawyers would agree)

The real truth of the matter was that way back in that day every one  
of us was involved in the ongoing development process, and knew very  
well that we were going to be expected to step up and meet the demands  
as the protocols and requirements evolved.  The current stance  
advocated by some members is a modern re-thinking that completely  
sidesteps the common understanding at the time.

On Oct 15, 2008, at 2:03 PM, Stotyn, Mel wrote:
> Jo Rhett said:
> "I wanted to have explicit clarity on what rights these are."
>
> This is probably the crux of the problem. Was their any explicit  
> clarity
> on the rights (or responsibilities) for legacy assignments?
> A block that I got in December of 1994 from the University of Toronto
> (who handled block assignments in Canada at that time) had little  
> legal
> language associated with it and what was written was different than  
> what
> IANA was saying at the time, which was different than what InterNIC  
> said
> under the Versisign registry contract which may have been different  
> from
> what the Department of Commerce intended, who was getting advice and
> policy development from Jon Postel.
>
> I'm having trouble finding documentation on the assignment. Since  
> there
> wasn't really any legalese related to it, we didn't think much about
> document management related to the assignment. We just asked for the
> block, got one, used it, maintained it, thought of it as "ours"
> (whatever that word means) and carried on with our day-to-day work of
> figuring out how to run a network with the IP addresses that were  
> handed
> to us with little explanation. In a sense, we homesteaded before the
> surveyors arrived to put stakes in the ground and we're still figuring
> out how to plough around them without digging them up.
>
> Mel Stotyn
> Senior Operations Specialist
> ENMAX Envision Inc.
> mailto:mstotyn at enmax.com
> Phone: 403 514-3443
>
>
> -----Original Message-----
> From: arin-discuss-bounces at arin.net
> [mailto:arin-discuss-bounces at arin.net] On Behalf Of Jo Rhett
> Sent: Monday, October 13, 2008 12:04 PM
> To: Tuc
> Cc: arin-discuss at arin.net
> Subject: Re: [arin-discuss] pre-ARIN IP allocation legal rights
>
>> lawyers about whats implicit, explicit, inferred, or "No one did
>> anything for such a long time, why now?"
>>
>> 	The last one sorta is something I wonder. ARIN was established
> in
>> December of 1997. Why, 10+ years later, have they decided to start
>> this process? Shouldn't it have been started sometime in 1Q98?
>> Theres been 20 some odd ARIN meetings, 8-10 Board of Trustee Meetings
>> a year.
>
> Perhaps there was an assumption that people would do the right thing
> without having to be forced?  This used to be a lot more common
> behavior.
>
>> I guess I also go back to what was it that made you start this  
>> thread?
>
> My only motive is that pretty much every proposal on the table is  
> being
> argued about not on the proposals merits, but how it affects non-
> signatories.  This issue has become the roadblock for all ongoing
> proposals. And lots of people are making all sorts of claims about
> rights they would be giving up.  I wanted to have explicit clarity on
> what rights these are.
>
> --
> Jo Rhett
> senior geek
>
> Silicon Valley Colocation
> Support Phone: 408-400-0550
>
>
>
>
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-- 
Jo Rhett
senior geek

Silicon Valley Colocation
Support Phone: 408-400-0550