[arin-ppml] Regarding unauthorized changes (Re: Policy question)

[Owen DeLong]

On Sep 20, 2012, at 21:14 , Jeffrey Lyon <jeffrey.lyon at blacklotus.net> wrote:

> On Fri, Sep 21, 2012 at 12:10 AM, John Curran <jcurran at arin.net> wrote:
>> On Sep 20, 2012, at 11:33 PM, Jeffrey Lyon <jeffrey.lyon at blacklotus.net> wrote:
>>> ...
>>> My biggest gripe is that rather than having a process in which ARIN
>>> can investigate and media these issues, they insist that I spend 5 to
>>> 6 figures dragging the situation through the courts. ARIN should be
>>> *serving* its members. Yes, some liability could become involved. This
>>> is the nature of business.
>> 
>> Jeffrey -
>> 
>>  There is an such a process and you did engage it, but ARIN is unable
>>  help in these particular circumstances.  The resources in question
>>  cannot be changed from their original registrant contrary to their
>>  wishes, although ARIN will respect any finding or judgement in this
>>  matter from a more appropriate legal venue (as it is not ARIN's role
>>  to adjudicate contractual disputes between parties.)
>> 
>> FYI,
>> /John
>> 
>> John Curran
>> President and CEO
>> ARIN
>> 
>> 
>> 
>> 
> 
> John,
> 
> The original registrant in this case does not operate a network and
> has no authority to maintain or route space according to ARIN's own
> policies. It is unconscionable that I be expected to prove this in a
> court.

Then how did they get the resources?

Certainly, if that is the case, you may well have made a case for ARIN to revoke
the resources for fraud, but you still haven't made a case for ARIN to grant the
resources to you outside of the original organization agreeing to a directed
transfer under section 8.3 of the NRPM or if you can provide documentation
of a merger or acquisition of the network operations that meets the burdens
of section 8.2.

Obviously I haven't seen what you submitted to ARIN, but it seems that the
actual resource holder is telling ARIN that they did not transfer the space
to you and do not want the records modified. Apparently whatever you have
submitted does not provide sufficient evidence to counter that claim as to
make it possible for ARIN to transfer the resources on your say-so alone.

To me, this seems like a reasonable protection of the registered resource
holder.

Owen