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

[John Curran]

On Feb 10, 2012, at 6:36 PM, Andrew Dul wrote:

>> The point is that the actual number resources transfer when the
>> policy is met, and don't until that time.
> 
> This illustrates the point I was trying to make.  The current policy is
> ambiguous with regard to contracts that may exist which contradict what
> may or may not be recorded in whois.  If Vendor A sells some to Party C
> some of what it sold to Vendor B the first time but wasn't transferred,
> we now have a sales contract conflict which likely can only be resolved
> in court.

ARIN recommends that parties work in advance before any sale to 
insure that the requirements are met, and this can be at time 
of transaction (or in advance via the Specified Transfer Listing 
Service)  In any case, parties need to recognize that any transfer 
of rights to address space only after being approved per policy.

For instance, if a party A claims to 'sells their address space'
to party B, but it turns out that party A actually has address 
space registered to them via their upstream ISP, the fact that 
there is a sale document does not mean that anything has been
conveyed, not that Whois is incorrect (i.e. party B has likely 
been defrauded, and may go to court only to discover such...)

> I am not sure what the exact policy answer is to this scenario,
> but something seems like it needs to deal with this issue.  

Make sure that the contracts have appropriate language regarding 
effectuation; specific language recommendations are available here: www.arin.net/resources/transfers/mwe_internet_article010512.pdf

FYI,
/John

John Curran
President and CEO
ARIN