[arin-ppml] ARIN-prop-171 Section 8.4 Modifications: ASNandlegacy resources

[Mike Burns]

>Mike -

>  Please explain - what information is being sought from ARIN's Counsel?

>Thanks!
>/John



Hi John,

Sorry for the delay in responding. I am not a lawyer, and would appreciate 
some help from ARIN's counsel on some elements of the law which escape me.

Let’s take this hypothetical:

Legacy holder A, who has not signed the LRSA, sells his address rights to B, 
who requests ARIN to change Whois without a needs test.
ARIN refuses and instead begins the process of revoking and re-assigning 
those addresses.
What is ARIN's exposure to a claim of tortuous interference with the 
contract between parties A and B ?

Or this:

Legacy holder A, who has not signed the LRSA, claims the right to sell his 
ownership rights to anybody in the world, despite being a non-functional, 
bankrupt entity.  Can ARIN rescind his addresses?
Let's say in this hypothetical that the business has not been operating for 
10 years. Could the fact that ARIN did not pursue it's claim for that length 
of time afford legacy holder an affirmative defense of laches?

Or this:

Legacy holder A, who has not signed the LRSA, asserts that he has property 
rights in the addresses, claiming that the original allocation by ARIN's 
predecessors came without contractual restrictions on this bundle of rights:

1.the right to use the good
2.the right to earn income from the good
3.the right to transfer the good to others
4.the right to enforcement of property rights

He claims he has used the addresses.
He claims to have earned income from the addresses.
He claims that he has transferred the addresses to others via an asset sale 
contract.
He claims that that asset sale contract is enforced by the State, as all 
contracts are.

How strong is his claim to the property rights?

Thanks in advance for any input you can provide.
It may be that I am asking the wrong questions, so any assistance in correct 
legal phraseology would be appreciated.
It may be that the discussion in this thread has moved on, so  please change 
the subject line if you think appropriate.

Regards,

Mike