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

[Sweeting, John]

Niki

In no way should you take Milton's reply as an official stance or answer from the AC. He should have made it quite clear that he was speaking only as Milton and in anyway representing the AC.

Thank you
John S

Sent from my iPhone

On Apr 3, 2014, at 4:45 PM, "xiaofan yang" <nikiyangxf at gmail.com<mailto:nikiyangxf at gmail.com>> wrote:

Hi Milton,

thanks for your inspiring reply.  Now i know that we have the "ownership" of those IPs.    as you are one of the AC, i take your reply seriously and also this is good news for the community, especially for those legacy holders, if the holder of ARIN non-legacy IPs can have the "ownership'  then the holder of legacy IPs definitely has the ownership  on their IPs  no matter whether they sign the RSA , LRSA or not.

Hope ARIN will not impose unpredictable "restrictions" when legacy or non-legacy holder begins its transfer request. Moreover,  when ARIN reject a transfer , hope ARIN will not use the "confidential terms" as an excuse for not reply communities' questions in ppml.   or ARIN will reply with bunch of info mean nothing.
Niki


On Thu, Apr 3, 2014 at 11:33 PM, Milton L Mueller <mueller at syr.edu<mailto:mueller at syr.edu>> wrote:
Niki:
For most economists and lawyers, the definition of a "property right" involves the right to use, the right to exclude others from using, and the right to transfer. As John's message makes clear, all those rights are present in the number block lease you get from ARIN. So although the RSA makes you formally declaim a property right, what you are getting from the RSA is a bundle of rights that for all practical purposes has the same economic features as a property right.

-----Original Message-----

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

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