[arin-ppml] Draft Policy ARIN-2013-4: RIR Principles

[John Curran]

On May 30, 2013, at 2:21 PM, William Herrin <bill at herrin.us> wrote:

Bill - I have no recommendation or suggestion regarding the Draft 
Policy text, but need to reply to several of your remarks for clarity.

> I construe the NRPM (including any changes we might make to it) to
> apply to resources under an RSA and requests for ARIN action which
> would require the resources to first come under RSA. 

The policies set by the community in this region (i.e. the NRPM)
apply to all resources in the registry.  ARIN will operate the
registry in accordance with such policies.

> Should ARIN
> construe things differently, they're welcome to try their luck in
> court.

As the registry does get operated in accordance with policies set 
by the community and the IP address blocks exist as entries in the 
registry, your assertion above is inverted; i.e. you would be the
one seeking appropriate counsel and legal recourse if you believe 
you have rights to the contrary of the policy set by the community.
ARIN performs a legal review on draft policies to see that they 
conform with legal requirements, but you may have innovative beliefs
that you'd like to try to assert (which is why there are courthouses.)

> I read the language in both the proposal and in 2050 to mean that
> resources assigned under the registry's rules are subject to review
> under the registry's rules. The legacy addresses weren't assigned
> under any version of ARIN's rules.

For a more in-depth consideration of this topic, I might suggest 
reviewing this recent article in the ABA Business Law Today on IP 
number transfers -

<http://apps.americanbar.org/buslaw/blt/content/2013/05/article-03-edelman.shtml>

Thanks!
/John

John Curran
President and CEO
ARIN