[arin-ppml] RIPE enforcing court-ordered "right to register"
mike at iptrading.com
Mon Oct 5 10:38:58 EDT 2020
RIPE has enforced a court order regarding an IPv4 transfer where a buyer who
had paid for the addresses and complied with RIPE policies sought court
protection of his right to register those addresses.
Note that this is not an ownership right but still a right that can be
court-enforced, in Europe at least.
It has always been my understanding that ARIN would enforce a court order
that it deemed legally sound.
I like the idea that a buyer's rights can be protected in a court action and
that ARIN would abide by any court order demanding registration.
My question is whether ARIN would accept a valid court order from any
country in the ARIN region, in the manner in which the German court's order
was enforced in the Netherlands, where RIPE is registered.
(Assuming the hypothetical is a buyer with a valid contract specifying a
transfer according to ARIN policy, and that the buyer received a valid court
order from their jurisdiction requiring registration.)
And what if the seller did not get paid after a transfer, and a court order
was issued to return the registration rights to the seller, would ARIN be
able to effect that return to the seller given policy requiring a
demonstration of need, and despite the seller having participated in
transfers within the prior year?
Can we simply assume that the legal structures within which ARIN operates
supersede any ARIN policy restrictions?
Not sure if this is better on arin-discuss list, so I will post there as
In IPv4 transfers, escrow is normally used, but if simple court-protections
are a viable recourse to settle disputes, it may be that escrow services are
less a requirement for a safe transfer.
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