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

[Mike Burns]

> 
> Well, I remember the Microsoft/Nortel sale of all-legacy addresses
allocated to defunct entities being sold in a bankruptcy court with no
mention of ARIN.
> In a court where the judge found that Nortel had the exclusive right to
transfer the addresses before bidding began.

Your recollection is a little off - the judge did not approve the proposed
order with such a finding; it was when that was brought before the judge for
consideration that ARIN was notified of the proposed order and as a result
we filed with the court on the matter to the
contrary.   There was then an Amended Sale Agreement and Revised Order that
were 
the result of negotiations between Microsoft, ARIN and NNI with appropriate
language.  
(you can find this in NNI Bankruptcy Docket #5280)

Thanks,
/John

My recollection is not off and my statement stands. The judge, after
consulting with counsel for Nortel on the issue, issued a motion for the
auction to commence in which he found that Nortel had the exclusive right to
transfer the addresses.  Otherwise he couldn't really sell them in
bankruptcy court. There was nothing about ARIN in that motion, the only
language involving ARIN came after you were finally notified of the auction
and had 30 days to negotiate with Microsoft.  

You could have made a motion for standing with the judge and argued that
Nortel did not have the right to transfer without your approval, and in that
case you may have had the decision you say you want. Instead you negotiated
with Microsoft to accept changes to the proposed sale agreement which
provide the fig leaf of cover for ARIN to claim that this was an in-policy
transfer.

Care to address the single aggregate problem or the miraculous coincidence
between Microsoft's need and Nortel's decades-prior acquisitions'  needs?
It sure is lucky Microsoft won the entire block, because the auction
included bids for partial blocks. What would have happened if those needs
didn't mesh so closely, I wonder?


Regards,
Mike