[arin-ppml] Analogies

[Owen DeLong]

On May 2, 2011, at 3:47 PM, William Herrin wrote:

> On Mon, May 2, 2011 at 6:18 PM, Owen DeLong <owen at delong.com> wrote:
>> On May 2, 2011, at 12:33 PM, William Herrin wrote:
>>> On Mon, May 2, 2011 at 3:24 PM, Owen DeLong <owen at delong.com> wrote:
>>>> On Apr 30, 2011, at 5:39 PM, William Herrin wrote:
>>>>> I will suggest that an attempt by ARIN to charge $100/year under a
>>>>> contract simplified to, "We agree to keep your whois data and RDNS
>>>>> delegations intact as is for one year increments until either of us
>>>>> choose to cancel this contract" would meet with at most mild
>>>>> resistance from the legacy registrants. It would also, IMHO, provide
>>>>> an excellent way to weed out the abandoned registrations.
>>>> 
>>>> That seems like a reasonable summary of the current LRSA.
>>> 
>>> If counsel agrees with that assessment (he doesn't and you didn't
>>> check) then start summarizing and put the result in front of me,
>>> without all the excess baggage in the current LRSA.
>> 
>> Please specifically define the term excess baggage and show
>> me in what ways it conflicts with the above summary.
> 
> Excess baggage:
> 
> Section 9. Property rights are immaterial to the provision of whois
> and dns services yet the registrant is asked to quit any such claims
> as a condition of the LRSA.
> 
They are fundamental to the basis on which ARIN provides the services
and are a necessary part of ARIN entering into such an agreement.
The are also immaterial to the ability of anyone to exercise any of their
rights under ARIN policy. Basically they are altogether immaterial unless
you are seeking to destroy the existing system. As such, I think this
falls within the summary above and is neither unnecessary, nor
baggage.

> Section 8. Annual audit. Routine auditing of the registrant's use of
> IP addresses is immaterial to the provision of whois and dns services.
> 
I'll review this in greater detail. I don't have the LRSA handy at the moment.


> Section 7. Current and future policies. Compliance with tomorrow's
> NRPM is immaterial to the provision of whois and dns services.
> 
Given the rather blanket exemption to future NRPM policies contained
elsewhere in the agreement which overrides the part of this that you
are objecting to, I'm not sure I see your point here.

> Section 14e. Nothing in my "summary" requires ARIN to discontinue
> whois and rdns services should the registrant decide to stop paying.
> 14e not only requires ARIN to discontinue services, it requires ARIN
> to revoke the resources, putting them into a process resulting in
> reallocation to someone else.
> 
I disagree. Your summary says "we agree to keep your whois and
RDNS delegations intact as is for one year increments until either of us
choose to cancel this contract". If you cancel, then, you have stopped
obliging ARIN to continue the services.

Sure, nothing in your summary requires them to revoke them, where
the LRSA does. However, your summary ALLOWS them to revoke them,
so, I'm not sure I see a meaningful difference here.

Owen