[arin-ppml] transfer conditions

David Farmer farmer at umn.edu
Tue May 10 02:35:11 EDT 2011

On 5/10/11 24:10 CDT, Jimmy Hess wrote:
> In what way does the RSA get "modified" for certain entities?
> Do we have examples?

See https://www.arin.net/resources/legacy/ FAQ #12 as one example for 
both the RSA and LRSA.

> I would suggest at least the requirement that the RSA used
> match a RSA published in the "Agreements" section of ARIN's website.
> Some organizations getting private RSAs of their choosing would be inconsistent
> with ARIN treating all organizations that receive service impartially.

It is common practice when negotiating contracts to remove or edit terms 
and conditions that are known not to apply or are invalid for some legal 
reason.  By law, not all organization are equal, this is a legal fact 
beyond the control of ARIN.  ARIN must abide by applicable laws and 
court rulings, in some special cases these conflict with the standard 
terms and conditions in the RSA or LRSA.

> 'Special' organizations should not have have rights, waiver of
> community developed
> policies, or other privileges granted to them by ARIN, not afforded to others,
> just because they are X, and  "X is special".

In one way ARIN is not treating anyone special, I suspect, if you or 
your lawyers can provide valid legal reasons why some term or condition 
doesn't or shouldn't apply to your organization ARIN will probably work 
with you and provide a contract that resolves that issue for you.

I have all confidence that these changes are not made willy-nilly, and 
that they are made for important and valid legal reasons.

David Farmer               Email:farmer at umn.edu
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota	
2218 University Ave SE	    Phone: 612-626-0815
Minneapolis, MN 55414-3029   Cell: 612-812-9952

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