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

[Mike Burns]

>Noted, but of course, mining rights on a piece of property might also meet 
>a
similar test, but are not necessarily transferrable without constraints

But in the Nortel case the judge held that addresses were transferred from 
Bay Networks to Nortel without any apparent constraint.
(Or whomever the original allocant was.)


>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.

Of course address rights are not real property and bankruptcy estates can 
include intangible assets.


>> 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.)

What is my assumption, that a judge will decide? You said as much yourself.
That a judge will use the available precedent of property law when making 
the decision? Judges have had to decide these kinds of questions from 
antiquity, I think they are likely to apply standard (timeworn) tests like 
"basket of rights".
That there is no written contract? Clearly there is not.
So that leaves my assumption that legacy address rights meet the "basket of 
rights" test. Can you tell me how they do not?
And my presumed implication? That I "think it at least possible" that a 
judge could find property rights?
I am asking the ARIN community to consider the course of least legal 
resistance to be the course of soundest stewardship.
The context of this discussion should include some understanding of the law, 
and I think Rubi's article, read in response to Ryan's, helps to provide 
that.


>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

Agreed.

Mike