[arin-ppml] IPv4 Transfer Policy Change to Keep Whois Accurate

Mike Burns mike at nationwideinc.com
Wed May 11 21:59:40 EDT 2011


Hi John,

>> To me, this means he was convinced that ARIN had no rights over 
>> transferring the addresses, although ARIN has rights over reflecting that 
>> transfer in Whois.

>That's a rather interesting conclusion, as the judge actually made
>no Order to that effect (or even close).

Excuse me, but the judge did find that:

G. 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. 
Such exclusive rights to use and transfer, together with Seller's other 
legal and equitable rights in and to the Internet numbers, if any, are 
referred herein collectively as the "Seller's Rights".

What part of exclusive right is hard to understand? If the rights were 
somehow circumscribed by ARIN, why continue in the altered document to use 
the term "exclusive rights"?

>> I also argue that in the post-exhaust age, conflicts over claims to 
>> address rights will likely increase, putting more pressure on Whois to 
>> accurately represent >>reality.

>ARIN will maintain the reality of the Whois in accordance to the wishes of
>this community.  Parties asserting that they'll deliver you some invisible
>numbers for a good price are always likely to find gullible parties, but
>actual transfers of entries in the registry will only occur in accordance
>with community-developed policies in the region.

The problem is when actual transfers of rights to use occur and ARIN doesn't 
reflect those in the registry.
By transfers, I mean that company A sells their right to use addresses, and 
Company B buys them and uses them.
I know that would not be a definition of transfer that you would use, as you 
seem to apply only the definition of a whois update to a transfer.
That's what I mean by a disconnect with reality, and a penalty to whois 
accuracy.

Regards,
Mike






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