[arin-ppml] ARIN-prop-172 Additional definition for NRPM Section 2 - Legacy Resources

[David Farmer]

On 6/12/12 08:54 CDT, Milton L Mueller wrote:
>
>
>> -----Original Message-----
>>> [Milton L Mueller] See above. I guess you have forgotten the context
>>> of this discussion. There is a policy proposal to define legacy
>>> resources in a specific way. Opponents of this new definition have
>>> insisted that ARIN holds rights over the exchange of those resources
>>> and are rejecting the proposed definition because of that.
>>
>> This is a strawman.  That is not the only or even the common reason why
>> at least some people oppose this proposal.  1) It codifies practices and
>> applies retroactively in a way inconsistant with current and previous
>> practice, in that requires a written agreement.
>
> [Milton L Mueller] huh? ARIN has no authority other than its written agreements.

If you are going to assert that Legacy Resource Holders have rights 
(property or otherwise) that are not codified in any written agreement 
either, then it is only reasonable to recognize that ARIN as the 
successor to the entities that assigned the resources to them has some 
authorities as well.

However, it is clear at least to me, that both Legacy Resource holders 
have rights and ARIN has authorities. To say that ARIN has no authority 
is equally as wrong to say that Legacy, and other resource holders for 
that matter, have no rights.

See, the third paragraph of section 3.1 of RFC 2050;

    IP addresses are valid as long as the criteria continues to be met.
    The IANA reserves the right to invalidate any IP assignments once it
    is determined the the requirement for the address space no longer
    exists.  In the event of address invalidation, reasonable efforts
    will be made by the appropriate registry to inform the organization
    that the addresses have been returned to the free pool of IPv4
    address space.

This defines both some of the rights and the authorities in question.

-- 
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