[arin-ppml] Legacy number resources in the ARIN region (was: Re: Inter-RIR transfer Policy reciprocity with Afrinic_Resource Transfer Policy proposal)

[John Curran]

On 14 Oct 2020, at 5:06 PM, William Herrin <bill at herrin.us> wrote:
> 
> On Mon, Oct 12, 2020 at 1:24 PM John Curran <jcurran at arin.net> wrote:
>> On 12 Oct 2020, at 3:55 PM, William Herrin <bill at herrin.us> wrote:
>>> Another example: in the Microsoft/Nortel
>>> matter ARIN negotiated an alternate contract with Microsoft rather
>>> than allow the bankruptcy court to proceed to rule on whether ARIN
>>> could be compelled to transfer a legacy registration without one.
>> 
>> The above is also incorrect - ARIN had no concern about a ruling, but such was unnecessary since the parties agreed to condition the sale on compliance with ARIN’s policies and Microsoft’s entry into an RSA with ARIN.
> 
> Oh really? Perhaps I've misunderstood. Is it ARIN's position that
> everybody receiving a transfer of what were originally legacy
> resources may do so under the Legacy RSA rather than be expected to
> use the standard RSA? If not, how exactly do you explain ARIN's
> gracious deviation on Microsoft's behalf?

Bill - 	
	
	ARIN does have circumstances from time to time that involve courts and/or litigation, and when that occurs we attempt in good faith to work with the courts & parties involved for a productive outcome.

	Sometimes this is not possible – e.g. due to an attempted transfer contrary to ARIN policies, or when the desired outcome would result in resources not under RSA or not subject to community policy.  

	I am happy to these are rare events, and once we intervene we’ve always been able to resolve them with the transfers being made in accordance with policy, under an RSA and subject to ARIN’s policy on going forward basis. 

	I’ll also note that we’ve also managed to transition the RSA and the legacy RSA into the same agreement, and this includes extending to all parties the terminology in the early LRSA regarding rights and fees. 

Thanks! 
/John

John Curran
President and CEO
American Registry for Internet Numbers