[arin-ppml] Nanog IPV4 Panel Discussion and 8.3 transfers

[Matthew Kaufman]

On 2/10/2012 4:03 PM, John Curran wrote:
> On Feb 10, 2012, at 2:32 PM, Matthew Kaufman wrote:
>
>> If we define "transfer" as "the entity with the legal right to use or control the use of the numbers changes", not so much.
> Incorrect.  Party A retains that right until the resources
> are transferred to another party per policy.
>

We'll probably need to disagree on this. I would claim that if a 
contract exists in which Party A gave up those rights to another party, 
then it is all over save the database update.

This is no different than an M&A transfer.

Certainly once I own all the shares of a company I've acquired, I can 
direct them to do anything I want with the address space assigned to 
them, whether or not we've gotten around to changing the name on the 
whois record.

If instead I purchase all the assets of a company that has address 
space, in practice I can run the new company that owns those assets in 
any way I see fit, including hiring all their employees, transferring 
their contracts, and continuing to route their IP address space to their 
equipment, again whether or not we've gotten around to changing the name 
on the whois record. In fact, this happens all the time, as these kinds 
of asset sale contracts are signed and closed *before* the ARIN 
paperwork is submitted, even if the transfer is assured to happen.


Matthew Kaufman