[arin-ppml] ARIN-prop-151 Limiting needs requirements for IPv4transfers
jcurran at arin.net
Wed Nov 23 11:02:35 EST 2011
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.
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.
President and CEO
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