[arin-ppml] ARIN-prop-171 Section8.4Modifications:ASNandlegacy resources

[John Curran]

On Jun 12, 2012, at 11:52 AM, Mike Burns wrote:

> Pertinent to this discussion of property rights is Ernesto Rubi (who IS a lawyer)'s  
> response to the Steve Ryan/Matthew Martel article.
> Rubi claims that legacy addresses meet the "basket of rights" test for property.
> http://addrex.net/documents/2012/03/carey-rodriguez-internet-protocol-article-030112.pdf

Noted, but of course, mining rights on a piece of property might also meet a 
similar test, but are not necessarily transferrable without constraints nor 
they are the underlying real property itself. Bankruptcy estates can include 
many items which are "property of the estate", including such intangible items 
as rights established by contract.

> It's fine for us here at the PPML to declare what is and isn't property, but that is just our opinions.

Correct.  

> As has been noted, eventually a judge will decide, and it makes sense for us to anticipate that he will apply timeworn rules as to what is property and what isn't.
> Since legacy addresses, post-Nortel,  meet the "basket of rights" test and have no written contract attached to them, I think it at least possible that a judge will find that legacy holders have property rights to their blocks.

You are assuming quite a bit in the above statements, both in terms of 
an outcome and presumed implications (but that is your prerogative.)

In the meantime, the community should make good policy regarding the 
management of number resources, and ARIN will implement such policies
and defend them as necessary.

Thanks!
/John

John Curran
President and CEO
ARIN