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

[michael.dillon at bt.com]

> 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)

A lot of lawyers would disagree. The basis of the legal concept
of a contract is that there is a meeting of minds between the
two parties, and that a consideration is paid. In other words
to have a contract, there must be an agreement, and something
that has monetary value is exchanged. While modern contracts
are typically written and signed in order to provide hard evidence
of a contract, it is not necessary if there are reputable witnesses
who will swear in court that there was an agreement.

Have you ever heard of the dollar-a-year men? During World War II
a lot of business executives volunteered their services to get
the war machine running, set up munitions plants, arrange transportation
of materials, etc. A similar thing happened during World War I, and
these people were paid a dollar a year in order for there to be
a binding contract. Like a soldier who volunteers to fight, these 
people could not suddenly stop volunteering because they were now
salaried workers of the government. 

There is a similar concept in the peppercorn rents that are paid
in England. Many homeowners in England do not own the land 
which their house stands on. They have to pay annual rents to 
a landowner, often a local lord. If the lord wants to give 
over some land for a church or a charitable organization they 
make a contract to rent the land for a payment of one peppercorn
per year. This makes it a legal contract, but one round pepper seed 
is so cheap to acquire that the tenant can easily meet this obligation
and keep the contract in force.

--Michael Dillon