[arin-ppml] Borders sells their /16 block

Martin Hannigan hannigan at gmail.com
Mon Dec 5 22:23:17 EST 2011

On Mon, Dec 5, 2011 at 9:47 PM, John Curran <jcurran at arin.net> wrote:
> On Dec 5, 2011, at 10:33 PM, Martin Hannigan wrote:
>> On Mon, Dec 5, 2011 at 5:17 PM, Mike Burns <mike at nationwideinc.com> wrote:
>>> Hello list,
>>> http://www.maximumpc.com/article/news/borders_sells_65536_ipv4_addresses_12_each
>>> Borders has sold their /16 block for $12 per address.
>> This would seem to signal confidence that these transactions are
>> viable regardless of RIR considerations.
>   Indeterminate, since this transaction specifically takes ARIN's
>   approval into consideration.

I'd argue that's a two way street. ARIN isn't transparent in these
matters so we don't know how this transpired.

>>> Deal language requires ARIN “consent”.
>> The auction offering description says "may" and nothing about consent.
>>      http://www.slideshare.net/Streambank/offering-memo-ip-addresses-92111final
>   Mike was referring to the actual sale document submitted to the

I don't see a reference to court docs in the article that Mike referred to.

>   court, which states "The closing of the IA Sale is subject to,
>   among other things, consent by ARIN (as defined below) and
>   approval by this Court."

It also says:

"While the Debtors believe that this Court has the authority to
authorize the sale of the Internet Addresses over any such objection
by ARIN,(9)
the IA Sale contains a condition of ARIN’s consent and the proposed
order incorporates various protections of ARIN’s rights, which moots
any need to consider any of these issues."

This seems to underscore my question with regards to authority as
well. We've discussed the Kremens case where ARIN submitted a
statement saying it had no authority and now ARIN is saying that it
does have authority. Now we have another court document where ARIN
contradicts it's previous statement saying that it didn't have any
authority. The room is spinning! :-)

Looks like anothe dodged bullet.

>   <http://www.theregister.co.uk/2011/12/05/borders_flogs_ipv4_addys/>
>   <http://domainincite.com/docs/borders-cerner-ipv4.pdf>

Now I see a reference to court docs. Thanks.

In section four of the terms it states that the purchaser is going to
sign an LRSA. Will there be another version of the LRSA specifically
created for this transaction for or will it be the stock

Thanks for the insight!



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