[arin-ppml] 134.17.0.0/16

[joe mcguckin]

On May 1, 2008, at 2:28 PM, Owen DeLong wrote:
> Just out of curiosity, which restrictions do you object to?



 From the ARIN website page dealing with Legacy Space:
>  Legacy RSA contractually locks in a set of rights, and thus reduces  
> the risk of future change to a minimum.


     I find this statement troublesome, since I don't necessarily  
agree that ARIN has any legal standing or authority to change
     any of the terms pertaining to legacy space I control.

LRSA Agreement:

>  If Legacy Applicant fails to comply with the terms of this Legacy  
> Agreement, ARIN may terminate this Legacy Agreement
>  and refuse to provide the Services to Legacy Applicant.

    As it currently stands, I'm currently obligated to do nothing. If  
I do nothing, there's no penalty. If I sign the LRSA and fail to  
comply with any of the terms,
    ARIN could potentially rescind the space, as I understand the  
document.

        the term “Services” may include, without limitation, ...  and  
administration of IP address space related to number resources issued  
prior
        to ARIN’s inception on December 22, 1997 in its service area.   
IP address space and ASNs shall be defined as “number resources.

> (c) Cooperation. During the term of this Legacy Agreement, Legacy  
> Applicant shall provide ARIN
> complete, up-to-date and accurate information, assistance, and  
> cooperation that ARIN requests in
> ARIN’s provision of the Services to Legacy Applicant, including,  
> without limitation, during any review of
> Legacy Applicant’s utilization of allocated number resources. If  
> Legacy Applicant does not provide
> ARIN with required information, assistance, or cooperation that ARIN  
> requests, ARIN may: (i) take
> such failure into account in determining Legacy Applicant’s future  
> allocation/assignment of additional number resources, and/or (ii)  
> terminate this Legacy Agreement.
	
	I'm not currently obligated to provide allocation info. Why the  
threat to terminate the agreement? I would think that failure to  
provide requested info
	would simply impact future allocations.

> (d) Prohibited Conduct.

	This entire section should be removed. I don't think it's ARIN's  
mandate to enforce the ethical or legal behavior of its membership.

> 6. FEES; PAYMENTS
>       (b)  If Legacy Applicant does not pay the Annual Legacy  
> Maintenance Fee or other
> fees that may be owed ARIN hereunder, ARIN shall provide written  
> notification to the Applicant
> approximately thirty (30) days following the date on which the  
> payment is not made.  If Legacy
> Applicant fails to make payment in response to the notice of  
> delinquency, ARIN shall provide Legacy
> Applicant with an additional written notice, by certified or  
> registered mail, return receipt requested, (as
> appropriate in each country), and, when possible, by e-mail and  
> telephone.  ARIN has the right to: (i)
> revoke the included number resources if unpaid after 12 months of  
> the due date, and/or ARIN is
> unable to contact the Applicant after 12 months
>

     Once again, the threat of revoking my address space for non- 
payment of maintenence fees.

> 9. NO PROPERTY RIGHTS

	This means that if ARIN screws something up, they're not liable.  
NetSol tried to hide behind a similar argument, and if I recall  
correctly, they lost.

> 11. REPRESENTATIONS AND WARRANTIES
> (b) By Legacy Applicant. Legacy Applicant hereby represents and  
> warrants to ARIN that during the
> term of this Legacy Agreement:  that Legacy Applicant will comply  
> with all applicable laws, rules, and
> regulations in its use of the Services, including this Legacy  
> Agreement and the Policies.

	See above


In general, I find fault with the concept that any termination of  the  
agreement means ARIN immediately revokes the legacy resources.
I think it would be better if a default or breach of contract simply  
caused the legacy resources to revert to their original state.

I think you have to ask  what is trying to be accomplished here. If  
ARIN merely wants to encourage legacy resource holders
to bring their contact information up to date, then just give legacy  
holders the option of paying the maintenance fee without having to  
sign a punitive contract.
This agreement as written obviously has a further agenda: to  
irrevocably place my legacy resources under many of the same  
constraints that are found
in the regular RSA.

This legacy RSA is all stick and no carrot.


Joe McGuckin
ViaNet Communications

joe at via.net
650-207-0372 cell
650-213-1302 office
650-969-2124 fax




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