[arin-ppml] Policy Proposal: IPv4 Recovery Fund

[Robert Bonomi]

> From arin-ppml-bounces at arin.net  Sun Nov 23 19:27:41 2008
> Date: Sun, 23 Nov 2008 20:27:14 -0500
> From: Leo Bicknell <bicknell at ufp.org>
> To: arin-ppml at arin.net
> Subject: Re: [arin-ppml] Policy Proposal: IPv4 Recovery Fund
>
> In a message written on Sun, Nov 23, 2008 at 07:19:28PM -0600, Robert Bonom=
> i wrote:
> > A =3Ddirect=3D consequence of that approach is that IP addresses _are_=20
> > "property", that the recipient of the allocation/assignment *does*
> > "own" them, and can do "whatsoever they wish" with them.
>
> I'm a bit confused by this statement.

That's what happens when you snip too much of the prior content.  <grin>

> Recipients under this plan receive the space persuant to a standard
> RSA, which includes specific language that they agree they do not
> own them.

That statment is -not- talking about _your_ proposal, but the comment
(entirely elided) against it -- stating that the PP wanted to see ARIN
involvement in an address-block transfer limited to that of the 'title 
office' function only.   If all that one is doing is 'recording the
change in ownership' of an object, then =that= is an admission that the
thing to which 'title' is being recorded is property.

> Perhaps you're suggesting that the act of ARIN providing compenstation
> to get them back makes them "property".

As I pointed out in a direct analysis of the policy draft, there -is-
a linguistic problem -- *easily* remedied -- in the proposed language
that offers a basis for a colorable argument to that effect.  

>                                          I won't get into the legal
> theories, as I suspect until tested in court no one knows, but the
> policy is careful to state that the payment is for the trouble of
> freeing the resource (renumbering, etc) and not for the resource
> itself.

The draft language has things right on -that- side of the transaction,
but goofs up on the 'requester' side.    Again, see comments in my other
response for details.