[arin-ppml] Draft Policy ARIN-2014-9: Resolve Conflict Between RSA and 8.2 Utilization Requirements

[John Curran]

On Apr 2, 2014, at 4:27 PM, xiaofan yang <nikiyangxf at gmail.com> wrote:

> Hi John, 
> 
> I have further enquiry about ARIN 8.2 process. 
> 
> Number one:I am also worried about the costs of doing a 8.2 transfer followed by a 8.3 transfer.  I wonder if I will have to involve the legal help to deal with ARIN legal.  In my case I bought a company that now is out of business. How complicated does ARIN make this process?  I want some assurance that I will be treated equally to any other companies whether it is  a big company or a small company like us.

Niki -

You will be treated equally, but in truth I'm not certain that is actually what you want...
(for example, a process which seems routine for a large organization could still pose 
a disproportionate burden to a smaller organization since organization size is not a
factor in the verification process.)

The first and foremost activity is to make sure that we have your organization registered
as the rightful address holder, and that will require an NRPM 8.2 transfer.  It can actually
be relatively straightforward process, as long as you have clear documentation of the 
purchase of the company.  Review the instructions here for additional information about
what is accepted - <https://www.arin.net/resources/request/transfers_8_2.html>

> Number two:  If we do a 8.2 transfer followed by a 8.3 transfer, will the stated purpose for our number resources remains the same?? I am afraid of that ARIN will not approve our transfer. 

If you are the clear party with the rights after your purchase, ARIN will approve your
transfer.  We may note that you have more addresses than you now need, and thus
we expect you to return or transfer the remainder (but that would seem to line up with
your intentions in any case.)

If you have purchased a company without adequate documentation, or if multiple
parties purchased multiple pieces of the company, or if there some question about
what was purchased based on the documentation, then it can be more challenging 
to get the resources appropriately listed with you as the rightful holder.  You will need
to apply for the transfer and work with the ARIN Hostmaster to determine if there is
any issue in your particular case.

> Number three:  As we have bought the company,  do we have the property right on those IPs?  in our past agreement and future agreement arranged for 8.3,  we would like to have some kinds of property right on those IPs,  will that conflict with ARIN policy?

Wonderful question - it is ARIN's position that you have a specific set of rights to the 
address blocks in the registry (as defined by the registration services agreement that
you enter with ARIN), and these rights include:

    (1) The exclusive right to be the registrant of the Included Number Resources within the ARIN database; 
    (2) The right to use the Included Number Resources within the ARIN database; and
    (3) The right to transfer the registration of the Included Number Resources pursuant to the Policies.

ARIN registration services agreement includes a specific disclaimer of property rights
in the address blocks, as it is inconsistent with the ability to manage the address blocks
in accordance with community-developed policy in the region.  If you have other beliefs
with respect to your rights, that would probably be an area for you to seek legal advice.

I hope this helps; please do not hesitate to ask if you have any additional questions.

Thanks!
/John

John Curran
President and CEO
ARIN