[arin-ppml] ARIN-prop-148 LRSA resources must not be transferred to LRSA
jcurran at arin.net
Wed May 11 19:47:22 EDT 2011
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
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.
President and CEO
More information about the ARIN-PPML