[arin-ppml] ARIN-prop-174 Policies Apply to All Resources in theRegistry (William Herrin)

Owen DeLong owen at delong.com
Thu Jun 21 00:15:05 EDT 2012


Yes, but the exclusive right to use is ill-defined at best. Use requires a context.

Does the judge imagine that his authority somehow enjoins all people with routers that are not party to the case? That would be a very interesting over-reaching of the judge well beyond the law as I understand it.

If not, then, clearly the judge's statement is rather odd in the context of how the internet actually operates and seems more a reflection of a poor understanding of said operation than of any actual legal precedent.

Owen

On Jun 20, 2012, at 8:19 PM, <sandrabrown at ipv4marketgroup.com> <sandrabrown at ipv4marketgroup.com> wrote:

> The Final Court Documents are published at
>  
> http://dm.epiq11.com/NNI/Docket#Debtors=2414&EndDate=05/15/2011&RelatedDocketId=294573&StartDate=03/15/2011&ds=true&maxPerPage=25&page=1
>  
> It is document 5315 and dated 04/26/2011 and you can search from http://dm.epiq11.com/NNI/Docket#Debtors=2414&RelatedDocketId=&ds=true&maxPerPage=25&page=1 if the first link does not work.
>  
> In the final ruling, point G, "The Seller has the exclusive right to use the Internet Numbers and the exclusive right to transfer its exclusive right to use the Internet Numbers.  Such exclusive rights to use and transfer, together with Seller's other legal and equitable right in and to thet Internet Numbers, if any, are referred to herein collectively as the "Seller's Rights".
>  
> As John said, it notes in point I that the purchaser entered into an LRSA.
>  
> Please note in the Asset Purchase Agreement at http://www.scribd.com/doc/51547565/Nortel-s-Chapter-11-Motion-for-the-Sale-of-Internet-Numbers
> that there is a reference to updating the POC but there is no mention or dependence on signing of an LRSA. 
>  
> Sandra Brown
>  
>  
>  
>  
>  
>  
> -------- Original Message --------
> Subject: Re: [arin-ppml] ARIN-prop-174 Policies Apply to All Resources
> in theRegistry (William Herrin)
> From: John Curran <jcurran at arin.net>
> Date: Wed, June 20, 2012 10:00 pm
> To: "sandrabrown at ipv4marketgroup.com" <sandrabrown at ipv4marketgroup.com>
> Cc: "" <arin-ppml at arin.net>
> 
> On Jun 20, 2012, at 9:41 PM, sandrabrown at ipv4marketgroup.com wrote:
> > 
> > IPv4 Friends, 
> > The entire Nortel motion and the bankruptcy court ruling may be found at:
> > 
> > http://www.scribd.com/doc/51547565/Nortel-s-Chapter-11-Motion-for-the-Sale-of-Internet-Numbers
> 
> Actually, that is only the sellers original motion for sale,
> original Sale Agreement and related attachments. One would
> likely want to also review the revised ones from the bankruptcy 
> docket as that was what was actually approved...
> 
> FYI,
> /John
> 
> John Curran
> President and CEO
> ARIN
> 
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