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

[William Herrin]

On 6/7/12, John Curran <jcurran at arin.net> wrote:
> On Jun 7, 2012, at 2:49 PM, "Lindsey, Marc"
> <mlindsey at lb3law.com<mailto:mlindsey at lb3law.com>> wrote:
>>  legacy
>> numbers that are not under contract with ARIN (where ARIN has no direct
>> control)
>
>    This is a mischaracterization, as the policies developed by the community
> have always applied to all resources in the region.   They are not "being
> extended " to some new class of resources; we have been applying them since
> inception, and LRSA contractual status has been to provide assurances to the
> legacy holder, not ARIN.

John,

Fallacy of Omission. Appeal to a Lack of Evidence.

The community has never directed ARIN to adopt policies that compel
any proactive behavior by legacy registrants whatsoever. Ergo those
(lack of) policies have always applied to the legacy registrants. Ergo
any new policies will too, regardless of the behavior they purport to
require.

As Milton said, the issue will be settled in the courts, should ARIN
ever contest it. To date the only related matter that's reasonably
well settled is that ARIN may refuse to change a legacy registration.
Even there ARIN has elected not to press matters, allowing Microsoft
to sign the LRSA for example when the prima facie intent of the
transfer policy was that recipients adhere to the same contract as
registrants receiving fresh addresses.

Regards,
Bill Herrin


-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
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