[arin-ppml] Borders sells their /16 block

John Curran jcurran at arin.net
Wed Dec 7 15:35:10 EST 2011

On Dec 7, 2011, at 4:11 PM, Mike Burns wrote:
>> "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."
> Precisely correct, so that the transfer of address rights from Nortel's prior acquisitions to the bankrupt Nortel happened *without* any ARIN transfer. The LRSA referred to the final 8.3 transfer.
> Shouldn't the judge have found that Nortel did *not* have the exclusive right to transfer addresses not registered to it without first processing an ARIN 8.2 transfer, and then required an LRSA for the subsequent transfer to Microsoft?

The judge approved what the parties (Nortel, Microsoft) brought to
him.  ARIN had objected to the original draft, and decided the that
revised draft had addressed our concerns by requiring the recipient
to comply with the transfer policies and insuring that the resources
where under a registration services agreement.

> 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*.
> We are talking here about two transfers, from Nortel's predecessor, let's just call them Bay Networks, to Nortel, and the second, from Nortel to Microsoft.
> How did Nortel get the right to transfer Bay Network's addresses without first having ARIN process an 8.2 transfer?

It is not uncommon for parties to come to us with out of date registration
records due to merger and acquisition activity.  We review the legal docs
and update the registration in accordance with NRPM 8.2.  In this situation,
after review of the documentation in the case, we concurred that NNI was 
the indeed legitimate successor address holder for the specified resources
and that we would consider entries for predecessor organizations as NNI for 
purposes of the transfer request.


John Curran
President and CEO

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