[arin-ppml] ARIN-PPML 2015-2

[William Herrin]

On Mon, Jun 1, 2015 at 4:09 PM, William Herrin <bill at herrin.us> wrote:
> On Mon, Jun 1, 2015 at 3:33 PM, John Curran <jcurran at arin.net> wrote:
>> On Jun 1, 2015, at 2:50 PM, William Herrin <bill at herrin.us> wrote:
>>> A registration is most emphatically intended to confer upon the
>>> registrant the right to -exclude- others' use of those numbers within
>>> the routing infrastructure on the public Internet.
>>
>> if you think that there’s a legal obligation on the ISPs to follow the
>> registry, then please provide a citation...
>
> I sell you hosting services using a block of IPs that I advertise to
> my ISPs. Another end user advertises routes to those same IPs for
> their services. Whichever of us has the solid registration claim wins
> the _tortious interference_ case against end-user and his ISPs.
> Handily. It's almost a cookie-cutter violation.
>
> Notably, ARIN is not a party to the case. More, neither plaintiff nor
> defendant have contracts with each other nor with any mutual third
> party. The claim is that defendant unlawfully interfered with
> plaintiffs ability to perform his business. The registration is
> _evidence_ of who interfered with whom.
>
> Tortious Interference goes all the way back to the 1600s in England.
> Its parameters are well established.
>
> I expect ARIN counsel can identify additional torts for which the
> registration likely offers the decisive evidence of guilt. I'd
> encourage you to take up the matter with him.

So to be clear - ARIN does not confer a right upon registration to
exclude others from routing an address block on the Internet. Instead,
the law itself confers that exclusive right as a consequence of the
ARIN registration. Regardless, the registrant possesses the lawful
right to exclude anyone else from using his ARIN-registered IP address
on the public Internet.

Regards,
Bill Herrin


-- 
William Herrin ................ herrin at dirtside.com  bill at herrin.us
Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/>