[arin-ppml] ARIN-prop-151 Limiting needs requirements for IPv4transfers

[John Curran]

On Nov 23, 2011, at 10:10 AM, Mike Burns wrote:

> We take the first steps towards supporting a viable, open, transparent, and
> global market for IPv4 addresses which is the best method of ensuring Whois
> accuracy, aligning ARIN policy with the legal realities of property law,
> equalizing regional exhaust dates, and discharging our conservationist
> duties as stewards of the free pool.
> 
> I simply remind you of where this proposal started. It was seeking to answer
> the question "What would have happened in the MS/Nortel deal had not MS
> justified the transfer to ARIN?"
> Please consider the situation we will be in when this inevitably occurs.  My
> fear is that legally, the deal would be done.

Mike - 
 
 I believe the community needs to consider this policy proposal
 and decide its merits, and my comment is not intended to be in
 favor or opposed in any manner, but solely to clarify one point
 in your remarks in their consideration of the proposal.

 ARIN is _presently_ "aligned with the legal realities of property 
 law"; this policy proposal is not necessary on purely on that 
 basis despite what some my infer from your remarks.

 Specifically, ARIN views that address holders have certain rights
 (such as exclusive right to be the registrant of the address space 
 within the ARIN registry database as well as the right to transfer 
 the registration of the space), however we note that other parties 
 also have rights with respect to the same registrations (such as 
 the right to have visibility into the public portion of the address
 registrations).  ARIN asserts that the policies adopted in the region 
 are the basis by which we will manage the registry and hence the 
 intersection of these rights, and have not have any finding to the 
 contrary in any court of law.  

 In fact, we are increasingly dealing with parties who are aware of
 this in advance and actively incorporate the appropriate language 
 in their sale/transfer documents.

 The proposal could easily be worthwhile on many other merits, but 
 it is important to be clear regarding ARIN's legal compliance.

Thanks!
/John

John Curran
President and CEO
ARIN