[ppml] ARIN Policy Proposal 2002-9 (fwd)

John M. Brown john at chagres.net
Wed Oct 2 16:56:22 EDT 2002


IANAL
 
Restraint of trade
Interference with Interstate Commerce
 
The original alloc (pre-arin) documents ( ie contract) say nothing about
having to 
return it, or having to abide by a new contract at a later date as part
of the terms.
 
If you purchase a car on a fixed payment plan and 18 months into a 36
month loan
they increase the payment 2x, what would you do ?     If you original
loan paperwork
said nothing about future changes or payment increases, you have them
for breach.
If you loan paperwork did have language about changes and increases,
then you 
would have to pay the new amount.  I've simplified the example by not
actually providing
the language that would be in the contract.
 
Otherwords, the original holders of IP allocations don't have a legal
requirement to
return, and neither do the RIR's have a  legal abiltiy to take it back.
 
I don't believe ICANN owns the space.  The IANA is charged with
management
of the space on a global basis.  

-----Original Message-----
From: Jeff Urmann [mailto:Jeff.Urmann at HFA-MN.ORG] 
Sent: Wednesday, October 02, 2002 2:32 PM
To: 'john at chagres.net'
Cc: 'ppml at arin.net'
Subject: RE: [ppml] ARIN Policy Proposal 2002-9 (fwd)


Correct me if I am wrong, but what legal leg does any ip space holder
have to stand on?
Sure anybody can sue anybody for any reason.
 
IP addresses are allocated, not owned.  ICANN owns the numbers, don`t
they?  ARIN has
been granted the rights to allocate/unallocate the space as they see fit
(in the best interest
of the global internet of course).  Right?
 

-----Original Message-----
From: John M. Brown [mailto:john at chagres.net]
Sent: Wednesday, October 02, 2002 3:06 PM
To: 'Newton, Justin'; 'Jeff Urmann'; ppml at arin.net
Subject: RE: [ppml] ARIN Policy Proposal 2002-9 (fwd)


Correct.   "Forced Revocation" of pre ARIN space would cause some
interesting 
legal issues, and thus cost ARIN substantial amounts of money in legal
fees.
 
I personally would rather see ARIN spending money on things that build,
instead
of defending or breaking things.

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