[arin-ppml] ARIN releases new version of the Legacy Registration
farmer at umn.edu
Sun Sep 7 15:10:01 EDT 2008
On 6 Sep 2008 Jeremy H. Griffith wrote:
> That's not where I start from. I start from the belief that
> a "successor" is necessarily bound to respect the acts of its
> "predecessors", which issued the legacy resources under terms
> that were very different from those now being offered:
> * No possibility of return on an involuntary basis.
> This was essential to encourage us to do the work
> that led to the current Internet.
Can you support this claim?
I seriously doubt that anyone thinks someone empowered by the US
government could or would do anything on terms so absolute as you
suggest. At the very least all contracts, verbal, written or implied, have an
expectation to follow the law and there is a general expectation for parties to
act in good faith.
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
Given this, I believe it seems reasonable to expect a written contract to
explicitly revoke the assignments is cases of illegal acts or acts of bad faith
(eg violating the terms of the contract). Additionally, it seems reasonable to
me that if a legacy holder terminates the contract, and hence the original
implied contract as well, then you terminate your rights to the resources.
Above I said "and amend that contract to reflect present realities", I think
this cuts both ways. Depending on when you received your assignments
there was I believe an expectation of non-commercial use, remember the
government was funding it. So are there some terms and conditions that
are new in the LRSA compared to original expectations? Are there terms
and conditions that have been eliminated or changed compared to original
expectations? Sure, this is only natural and as I said it cut both ways. If you
want the new rights that have evolved over the past 20 years or so, then you
need to accept the new responsibilities too.
I have said several times, that fundamentally the LRSA is the right thing to
do, but that doesn't mean that anyone should sign a bad agreement. I think
this is good progress and worthy of consideration. At the very least it
demonstrates to me that if you present reasonable and specific issues to
ARIN, they will listen. This has been slower than my liking, but if you
consider the conditions have existed for over 10 years then maybe taking it
slow is the right answer.
David Farmer Email: farmer at umn.edu
Office of Information Technology
Networking & Telecomunication Services
University of Minnesota Phone: 612-626-0815
2218 University Ave SE Cell: 612-812-9952
Minneapolis, MN 55414-3029 FAX: 612-626-1818
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