[arin-ppml] Draft Proposal for Needs-Free IPv4 Transfers

[Mike Burns]

>> The "skipping extra procedural step" sounds a lot like failing to issue 
>> the addresses back to ARIN for the designated transfer to MS, ...


  > As noted before, ARIN routinely recognizes M&A mergers after the fact 
under the
   >policies that were applicable the time of the merger.  Prior to May 
2010, this
   >means that an organization that acquires substantially all of the the 
operations
   >of another organization would result in the transfer of the resources 
per NRPM 8.2.
   >We usually have to perform such updating of registration records when an 
organization
   >that hasn't been maintaining records comes to ARIN for the first time.

Hi John,

I wasn't referring to the ex post facto 8.2 transfers, I was referring to 
8.3 requirement to release the addresses to ARIN for subsequent transfer to 
the directed recipient.

Which I thought you later said was a procedural issue or similar words.
There was nothing in the court documents about the addresses being released 
to ARIN at any point in time.

My underlying point is the evident struggle to cover seemingly otherwise 
legal transactions with ARIN policies.

Just as it is better to reflect 8.2 transfers after-the-fact to comply with 
policy in order that whois retain accurate information, it would be better 
if the needs justification was dropped for transfers. Both these things 
increase the likelihood of valid whois information.

In the Microsoft case the needs established by ARIN's needs analysis 
fortunately fit with the volume of addresses Microsoft had negotiated to 
purchase.

In the future, this may not be the case, and this may cause the recipient to 
choose to forego registration of the transfer with ARIN.

But just to be clear, if a company came to ARIN today with evidence of 
mergers and acquisitions which occurred prior to May, 2010, and that entity 
currently had no use for the addresses, would ARIN aprove the prior 8.2 
transfers and allow the holder to sell the addresses?
(Assuming there is evidence of transfer of network assets which used the 
addresses when the mergers occurred.)

Would ARIN approve the prior 8.2 transfers and then do a resource review 
under the RSA?

What if the addresses were legacy addresses, as they were in the MS/Nortel 
deal?

These are the types of issues we will be facing and I thank you for the 
excellent information you provide.

Regards,
Mike