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

[John Curran]

On May 11, 2011, at 6:59 PM, Mike Burns wrote:
> 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"?

An exclusive right *to use* precludes someone else's *use*, but does not 
imply that there are not parties with other rights to the same resource.  
For example, the right to see specific data of the registrant for network 
operations purposes.  As I noted earlier, the rights that are applicable 
to all registry entries are subject to the community-developed policies 
in the region.

In fact, the judge did explicitly note something very similar in the Order: 
"For the avoidance of doubt, this Order shall not affect the LRSA and the 
Purchaser’s rights in the Internet Numbers transferred pursuant to this 
Order shall be subject to the terms of the LRSA."

Thanks for asking, though, I probably should have made this clearer in 
my original reply.

> The problem is when actual transfers of rights to use occur and ARIN doesn't reflect those in the registry.

Transfers occur when ARIN approves them in accordance to community policy.

> 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.

Actually, whois is remarkably accurate in such cases. It shows the resource 
holder as defined by policies of this community.

FYI,
/John

John Curran
President and CEO
ARIN