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

[Jimmy Hess]

On 6/20/12, Owen DeLong <owen at delong.com> wrote:
> Yes, but the exclusive right to use is ill-defined at best. Use requires a
> context.

Practically speaking... the legacy resource holders do have exclusive
rights though.
It is not inconsistent to say legacy resource holders DO have some
exclusive rights, AND addressing policy  still applies.

The legacy holders have an exclusive right to be listed in the
registry  as holder of the resource,  until such time as the resource
is transferred or revoked by the registry.   Nobody except the
resource holder or the registry (ARIN) has a right to delete or change
the registration;    other arbitrary individuals on the internet  are
not allowed by policy to delete the registration,  or register the
resource to themself.

The legacy holders also have an exclusive right due to addressing
policy to request transfer of the registration by the registry.

This results in (at the very least) a de-facto situation,  where
nobody else on the internet  /should/  be assigning those resources to
their equipment.      And if some organization not listed in the
registry /does/  intentionally start announcing  the prefix that is
first listed as registered to someone else,  the result is likely to
result in some kind of recourse against the organization not listed as
registered.


If you submit to a bankruptcy proceeding,  one of the supposed items,
an exclusive right,  and there is paperwork  that appears to
substantiate that,  such as documentation of "of a registration".
It  seems plausible that the court will accept that.

A simple ruling by the court  that  there are some exclusive rights
does not  cause  addressing policy to no longer apply

Doesn't mean the rights are worldwide,  or that unrelated parties are
beholden to the exclusive right either.

I can sell you an exclusive right to create a file named  C:\abc.txt,
but if you purchase that,  it doesn't mean  everyone else in the world
is excluded from using that filename,  only I am,  because  everyone
else in the world didn't sign a contract under a pretect of
transferring such a right

> Owen
--
-JH