[arin-ppml] ARIN-prop-148 LRSA resources must not be transferred to LRSA

[John Curran]

On May 11, 2011, at 1:51 PM, Ted Mittelstaedt wrote:

> Just to clarify this proposal does not apply to the Nortel->Microsoft
> purchase.  The numbers that were assigned to Nortel were not under
> LRSA.  If they had been, the bankruptcy court would not have been able
> to declare them property ... 

For clarity, I need to reiterate some basic facts from the actual public 
documents regarding that transfer:

- The original proposed sale agreement did indeed ask the court 
  to declare the IP addresses themselves to be property:

"(ii) the Legacy Number Blocks are property of NNI's bankruptcy estate; 
    
- The revised sale agreement as approved by the court does not order
  such, but instead indicates that the "Seller's Rights in and to the 
  Legacy Number Blocks" are the property in question:

 "(ii) Seller’s Rights in the Legacy Number Blocks are property of 
      Seller’s bankruptcy estate;"

Similarly, the proposed bankruptcy court Order in the matter would have 
declared the Legacy Number Blocks property.  It was revised as well, and
as adopted does not declare the Legacy Number Blocks property but instead
reads "The Seller has the exclusive right to use the Internet Numbers and 
the exclusive right to transfer its exclusive right to use the Internet 
Numbers."

To wit, the bankruptcy court did not declare the included legacy numbers 
in the matter to be property, despite any assertions to the contrary.

Legacy address holders do have certain rights regarding their address block
holdings, but that does not mean there are not other rights and interests 
applicable to same address address blocks. ARIN will continue to maintain
that the rights that are applicable to all registry entries are subject to 
the community-developed policies in the region.

FYI,
/John

John Curran
President and CEO
ARIN