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

William Herrin bill at herrin.us
Wed Jun 3 13:54:58 EDT 2015

On Wed, Jun 3, 2015 at 1:30 PM, John Curran <jcurran at arin.net> wrote:
> On Jun 3, 2015, at 1:15 PM, William Herrin <bill at herrin.us> wrote:
>> ...
>> I think the closest available framework that makes any kind of sense
>> within the history of jurisprudence is that Internet address blocks
>> are documentary intangible property. John disagrees. Still, I can't
>> help but notice that when ARIN has been in court, counsel has been in
>> no rush to induce a judge to clarify the matter.
> That’s incorrect - we’ve actively welcomed clarity in such proceedings.

And have miraculously avoided getting it.

>> Indeed ARIN appears to have sought every other avenue in which each case
>> could be concluded without a judge having to reach the property question.
> That is also incorrect.
> A ruling on the particular question has not occurred because other parties have
> accepted orders which acknowledge that a transfer will only taking place in
> accordance with the community policy,  i.e. it is ultimately on those asserting the
> right to do otherwise (not ARIN) to pursue matters to their desired outcome.

Like when Microsoft was bribed with an offer to accept transfer of
millions addresses under the LRSA despite the plain policy language
requiring that it be done under the classic RSA. You guys stretch the
policies 'till they scream if your opponents are willing to stop short
of requiring a judge to rule on the property question.

Bill Herrin

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

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