[arin-ppml] ARIN-prop-140 Business Failure Clarification

Owen DeLong owen at delong.com
Mon May 2 19:47:30 EDT 2011

On May 2, 2011, at 3:40 PM, Matthew Kaufman wrote:

> On May 2, 2011, at 3:34 PM, Owen DeLong wrote:
>> I was the POC for an organization which failed. When I was informed that
>> my job was being terminated and the company liquidated, the network
>> being shut down, etc. I notified ARIN and the addresses and AS Numbers
>> were reclaimed.
> If you notified ARIN after your date/time of termination, you were probably acting outside of your authority.
I notified ARIN that the business was being liquidated and that the network
had been shut down. I did not tell ARIN to reclaim the addresses (though I
expressed a belief that policy might support reclamation).

As such, I was not acting in or out of authority. I was conveying information.
The information was a matter of public record and so not subject to NDA.

> And these days, if you notified ARIN before talking to your management about the possibility of transferring the addresses in order to pay creditors during the liquidation you wouldn't be upholding your fiduciary responsibility to your employer.
If I did so while I had a fiduciary responsibility, perhaps. However, once
terminated, I had no such fiduciary responsibility.

Further, I do not believe that as an operations person, I have a fiduciary
duty to instruct my employer on their opportunities for revenue through the
transfer process unless they ask. I was an individual contributor responsible
for network operations. I was not in sales, marketing, accounting, or collections
and I was not a manager.

>> This was all well and proper and correct.
> Perhaps at that time.
I would do exactly the same today if I found myself in the same circumstances.

>> This was what should happen.
> Rarely, these days.

we can agree to disagree.


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