[arin-ppml] Borders sells their /16 block Was: Re: References to NNI court documents

[John Curran]

On Dec 7, 2011, at 6:12 PM, Martin Hannigan wrote:

> On Wed, Dec 7, 2011 at 4:59 PM, John Curran <jcurran at arin.net> wrote:
>> 
>> I said "In Nortel, the actual court document was approved only with
>> affirmation that the recipient had entered into a registration services
>> agreement with ARIN. "
>> --- In Document B (Revised Proposed Order), bottom of page 4 -
>> " I. Purchaser has represented that it has entered into a Legacy Registration Services Agreement with ARIN with respect to the Internet Numbers (the “LRSA”)."
>> 
> ...
> It does not actually say what you are representing. ... Your response
> is out of context and as far as I can discern, not directly citeable,
> at least not to people who prefer to be clear and concise in their
> responses. There's pretty much no way to intimate what you are stating.


The original Proposed Order lacked the statement. The revised one has
the statement. The Revised Proposed Order was approved by the court,
and it contain the representation that the recipient entered into an
registration services agreement with ARIN. All of the above are actual
facts in the record.

I guess the nuance is that other proposed orders could theoretically 
have been approved without the affirmation (i.e. the judge did not 
"order" entry into the LRSA, thus making it the "only" way forward); 
that is certainly the case, but ARIN would not have withdrawn its 
objection under such circumstances.  The only way for the sale to 
proceed smoothly was with the affirmation hat the recipient had 
entered into a registration services agreement with ARIN.

FYI,
/John

John Curran
President and CEO
ARIN