[arin-ppml] ARIN-prop-172 Additional definition for NRPMSection2 - Legacy Resources

[Mike Burns]

>> I think these "grandfather clause" exceptions enjoyed by legacy holders 
>> ARE
>> legally transferable, per Nortel selling Bay Network's address space 
>> without
>> any extant agreement between ARIN and Nortel.

>That's an very interesting conclusion, given that ARIN was present & 
>concurred
>with the transfer (which we did because the recipient met requirements and 
>had
>already entered into an registration agreement with ARIN), but it wouldn't 
>be
>the first time someone has tried to assert such.  Current practice has 
>shown
>it to be otherwise; no transfers have occurred without meeting community 
>policy.

Did ARIN have any agreement with Nortel which allowed Nortel to sell Bay 
Network's address space?
If not, how did Nortel have the *legal* right to sell address space 
originally allocated to Bay Networks?
Chris' point was that a grandfather clause-like situation existed, and that 
usually those rights are not transferable.
But in this case the legacy rights afforded to Bay Networks WERE transferred 
to Nortel, whom the judge found to have the exclusive right to transfer.


> ...
>> My feeling is that maybe it is time for another run at removing the needs
>> test for legacy transfers, as the last run was an attempt to remove the
>> needs test from all transfers, not just legacy.

>If your assertion is correct, then no policy change is needed, instead one
>simply pursues those legal rights that you feel they already hold.

Or maybe a policy change is needed to align ARIN policy with the law.

Regards,
Mike