[arin-ppml] ARIN-prop-171 Section 8.4 Modifications: ASN and legacy resources

Lindsey, Marc mlindsey at lb3law.com
Thu Jun 7 21:06:06 EDT 2012


McTim,

You wrote  "So what is your "legal opinion" on the idea that the pre-ARIN registries did have agreements with folk they gave address blocks to, and that at least some "legacy folk" understood those informal agreements also applied to RIRs that came later?"

To be clear, I'm not writing to offer any legal opinions on the PPML.  I'm sharing my perspectives (based on experience) for general informational purposes only.  I'm not providing any legal advice via the PPML.  And no attorney-client relationship or privilege attaches by virtue of my exchanges on the list.   Painful, but I think a necessary disclaimer! 

I believe enforcing the terms of an informal agreement would be very tough.   There are some threshold questions to work through.   

-  If the entity responsible for allocating the legacy numbers was acting on behalf of the USG as its contractor, is it the informal understanding between the USG contractor and the legacy holder that forms the basis of legacy holders' rights / responsibilities today?  

- Where are the specific terms agreed upon by the legacy holders in the informal agreements documented? 

-  What are the specific terms and conditions of the informal agreements?

-  Are they otherwise enforceable under the laws of the applicable jurisdictions?  

Marc Lindsey





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