[arin-ppml] A Redefinition ofIPv4NeedpostARINrun-out(was:Re:Against2013-4)

John Curran jcurran at arin.net
Wed Jun 19 14:12:21 EDT 2013

On Jun 19, 2013, at 12:42 PM, Mike Burns <mike at nationwideinc.com<mailto:mike at nationwideinc.com>> wrote:

   You may say "legally purchasing" rights, but I truly don't know what these parties think
   they purchased, since it can't be the ability to inject routes and have them accepted
   (no one can provide that) nor the right to use the entry in the registry, when the
   circumstances are contrary to policy.

I guess they figure they are buying what the Nortel bankruptcy judge called the “exclusive right to use” the addresses.

Indeed, but those are rights which may be transferred in accordance with policy.  In the case
of Nortel, this was accomplished by ARIN working with Microsoft and confirming compliance
and then removing our objection, a point which Nortel's own filing makes - "10. Second, the
revisions reflected in the Amended Sale Agreement and Revised Order were the result of
negotiations between Microsoft, ARIN and NNI and, accordingly, ARIN’s counsel has
informed NNI that it does not oppose entry of the Revised Order. " <NNI Docket #5280>

No problem buying the rights (that is, after all, what a transfer is) but you also have to wait
for the approval before considering the deal "closed", just as in the Nortel case.

Consider if the buyer of the radio station could begin and continue broadcasting without regard to regulatory approval?
Does that make a listener un-hear a broadcast? Or would the incentives lead to lots of wildcat radio stations pending approval?

The safest move is to finalize the sale upon the approval; claiming that it is complete prior
to that point is rather innovative (and might even be considered fraud if done knowingly...)


John Curran
President and CEO

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