[arin-ppml] simple question about money

Ted Mittelstaedt tedm at ipinc.net
Fri Jun 13 18:29:55 EDT 2008

> -----Original Message-----
> From: Milton L Mueller [mailto:mueller at syr.edu] 
> Sent: Friday, June 13, 2008 2:18 PM
> To: Ted Mittelstaedt; michael.dillon at bt.com; ppml at arin.net
> Subject: RE: [arin-ppml] simple question about money
> > -----Original Message----- [mailto:arin-ppml-bounces at arin.net] On 
> > Behalf Of Ted Mittelstaedt
> > > 
> > > The key bit of this statement is "counsel anticipates".
> > > Basically I don't believe that ARIN counsel is competent to 
> > > forecast what will happen since this is primarily a technical 
> > > issue.
> > 
> > "Go not to the lawyers for counsel, for they will say both 
> yes and no"
> > 
> The Counsel's statement is very clear, it does not hedge, and 
> it addresses an issue of legal risk not a "technical issue." 
> I would listen to and trust your lawyer on an assessment of 
> the legal risks. 

Oh brother.

When 2 lawyers meet and battle in a court, one always is WRONG
and LOSES.

Lawyers are no better than anyone else when it comes to predicting
what will happen in a dispute where there is no precedent.

Their primary value is interpreting the law as it's written, their
secondary value is in trying to convince others that YOUR interpretation
is the correct one.

Let's examine the statement, shall we:

> "No matter what policy ARIN implements,

meaning does, or doesn't...

> it seems likely that
> there will be more disputes, and hence more legal risk, once 
> ARIN can no longer satisfy requests for v4 resources. 

So, if ARIN DOESN'T continue it's existing policy
to prohibit most transfers, it seems likely that
there will be more disputes, and hence more legal risk....

So, let's look at what the lawyer says if ARIN DOES continue
it's existing policy to prohibit most transfers:

> But if 
> ARIN attempted to continue its existing policy to prohibit 
> most transfers, counsel anticipates that widespread transfers 
> would nonetheless occur -- imposing significant future legal 
> costs including the costs of investigation, arbitration, and 
> litigation."

Do I hear an echo?

In other words, ARIN is going to be screwed either way.  The lawyer
is merely saying here do you want it doggie style or missionary


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