[arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

[Mike Winters]

This has been dragging on for so long, I forget what it was originally about…



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

From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On Behalf Of William Herrin

Sent: Wednesday, June 03, 2015 1:15 PM

To: Owen DeLong

Cc: arin-ppml at arin.net List

Subject: Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)



On Wed, Jun 3, 2015 at 5:02 AM, Owen DeLong <owen at delong.com> wrote:

> Mr. Herrin in bringing up tortious interference claims that to be indication of an “exclusive right to use” accompanying the number registry. Unfortunately, this is not true. It does represent a precedence-based presumption about the determination of who is the “interfering party” in a case where interference exists. However, an exclusive right to use would go further than that.



Hi Owen,



That's possible. However, I wouldn't bet the farm on a judge not following the path from tortious interference to its natural

conclusion: that a block of Internet addresses is documentary intangible property under common law, subject to centuries of well understood precedent over folks' rights. When in doubt, what quacks like a duck is a duck.



So if someone is using addresses that are unassigned or assigned by ARIN (but not used) then the unregistered party would own them.  Which means ARIN and the “registered user” would be the ones subject to a tortious interference claim.



Also, your “natural conclusion” has a major problem, you would have to completely overlook paragraph 7 of the RSA which clearly states that there are no property rights.  It additionally says that the holder may not  attempt to obtain or assert any rights over the number resources, so by going to court and asserting such, you would be in breach of the RSA.


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