[ppml] Counsel statement on Legacy assignments?

[Dean Anderson]

On Mon, 8 Oct 2007, Ted Mittelstaedt wrote:

> >As a legacy holder who has recently joined the PPML list, I can see
> >certain advantages to joining ARIN.  I'm just not sure of the best
> >way to keep my network number safe if I join.  I have a Class C (/24)
> >and use it actively but don't use 50% of the numbers at the current
> >time.  If ARIN were to have an RSA that lets us join, pay our $100.00
> >per year and leave us alone with our networks, I'd be happy to join.  

You lose more than this.


> >As others have stated, this is a v4 problem only and will disappear
> >when v6 takes over.  I think it is to ARIN's advantage as the numbers
> >get tight toward the end to have as many as possible legacy folks
> >under the ARIN/other RIRs umbrella.

IPv4 will never go away, even after IPv6 'takes over', which seems 
pretty doubtful, but I won't go there now.

> >The problems of hijacked legacy numbers will only cost ARIN more time
> >and money for lawyers and dispute resolution
> 
> Why?  As ARIN is not legally obligated to the legacy holders to do
> anything, any attempt to involve them in a dispute can merely be
> ignored.  There is no gain to ARIN to be involved in someone else's
> lawsuit with some other person.

This is not true.  Any true hijacking of records that ARIN maintains
involves ARIN. Like Kremen v. ARIN, a case could involve jurisdiction of
a court. There is no contest that ARIN isn't subject to court
jurisdiction over such records. Kremen was dismissed on a statute of
limitations technicality. Kremen essentially won all the court orders up
to then.

BTW, Curran has corrected himself: There is indeed no formal statement
on the subject from ARIN counsel. I've asked for a formal statement to
be produced, but haven't heard back whether they will do that.

The statement from Sprunk to IETF relies on an informal statement of
Counsel and Sprunk omitted significant qualifying context from the
informal statement.

> >and I think any action that ARIN takes to get legacy users under ARIN
> >should be taken.
> 
> It's already been done.  ARIN has setup the mechanism that a legacy
> holder can use to become a member - just contact them and sign an
> agreement and start paying the fees.

This is optional. ARIN doesn't (and can't) compel this action.

		--Dean

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