[arin-ppml] ARIN releases new version of the Legacy Registration

[James Hess]

I think of getting address space as something more like getting a license to use
public land for a declared purpose;  i.e.  prospecting,  or building
something intended
to have a public presence.   There may be no revokation procedure in
place at the time you
obtain the license or grant from the government or  appointed private
administrator
for the use of public land.

But the approval of your grant, license, or exclusive assignment doesn't mean a
procedure might not later be developed that imposes new fees, or allows the
license to be assigned to someone else if you fail to use it,  or if
you use the land
for a purpose  other than what you declared,  or fail to uphold new
terms that may
be imposed later.

And there is always a risk of adverse legislation.
It is generous indeed to allow existing users to continue under the
original state
of affairs, and (in any case), it is not likely to last forever.

On Sun, Sep 7, 2008 at 2:10 PM, David Farmer <farmer at umn.edu> wrote:
> On 6 Sep 2008 Jeremy H. Griffith wrote:
> I also agree with you that ARIN is the successor and Legacy holders already
> have an implied contract with ARIN.  Further, in my opinion the point of the
> Legacy RSA is to document and amend that contract to reflect present

Really? What are the terms of this implicit contract?  And most
importantly: what is its duration, and what  consideration does the
legacy holder have to provide in order to honor the
agreement for every X amount of registry services?

Requiring one party to bear an infinite cost of perpetual registration
rDNS services
and to reserve the other party's perpetual use of a resource seems
like an unconscionable agreement.

Is there such a thing as an enforceable implied perpetual contract,
that only gives only one party a consideration that has an ongoing cost..?
It seems more like wishful thinking that there _were_  an enforceable
implied contract
rather than a polite agreement based on IANA's operating procedures and policies
known at the time, there was no expiration or revokation of addresses
ever practiced.

That _didn't_ necessarily  mean they promised it would always be the case, or
that would never change.


IANA is different from ARIN, and an agreement with IANA is no
agreement with ARIN.
There may have been agreements between ARIN and IANA,
but those aren't necessarily agreements with legacy registrants themselves.

If  IANA had obligations to the registrants, it may have failed to make ARIN
aware of them, or may have failed to include them in any agreement with ARIN.


--
-J