[arin-ppml] Borders sells their /16 block

[John Curran]

On Dec 7, 2011, at 3:08 PM, Mike Burns wrote:

> In the MS/Nortel deal I will note the judge said that Nortel had the exclusive right to transfer addresses which were not registered to Nortel, but in fact were allocated to their bankrupt prior acquisitions.

The order that was actually approved by the judge does indeed indicate
that Nortel had the exclusive right to transfer its address holdings.
Note that ARIN actually believes the same thing (no party other than 
the address holder can initiate a transfer of number resources). This
similar language is actually in the LRSA version 3.0 that ARIN recently
put out for community consultation. 
<https://www.arin.net/announcements/2011/20111027.html>

However, the Nortel court order was only approved after being amended to 
further read:

  "Purchaser has represented that it has entered into a Legacy Registration Services Agreement with ARIN with respect to the Internet Numbers (the “LRSA”).

   No further consents or approvals are required for the Seller to enter into the Agreement, to transfer the Seller’s Rights in the Internet Numbers to the Purchaser or to consummate the Transaction other than entry of this Order and as set forth in the Agreement."

> Nowhere in the deal was there language stating that Nortel had that right only due to after-the-fact 8.2 transfers.

Correct.  The order instead stated that the recipient has entered into 
an LRSA with ARIN and that no further consents or approvals are required.

> Rather it appears he accepted the chain of custody documents showing that Nortel acquired the exclusive rights to those addresses without regard to ARIN transfer policies.
> Thus the judge accepted that the address rights flowed from one company to another without any regard to ARIN policies.

Again, the judge approved the transfer of rights in the number resources
from one company to another *only after affirming that the recipient had 
entered into a registration services agreement with ARIN*.

> I find this significant.


Indeed, particularly when considering the actual text in the approved 
order.

FYI,
/John

John Curran
President and CEO
ARIN