[arin-ppml] RIPE enforcing court-ordered "right to register"

John Curran jcurran at arin.net
Mon Oct 5 16:13:49 EDT 2020

On 5 Oct 2020, at 3:54 PM, Mike Burns <mike at iptrading.com<mailto:mike at iptrading.com>> wrote:

Hi David,

I agree with what you’ve written below, but it begs a question for me.

If the judge ordered a deal reversed, with addresses returned to the seller, would ARIN do that if the seller couldn’t demonstrate need?

The genesis of my question is whether a seller can use the sold ip addresses as security for future payments.
It would make many deals easier when the buyer can’t afford the full amount but wants to pay over time to the seller.
The seller accepts but demands return of the addresses in the case of non-payment.
If the judge orders this return, will ARIN comply?

Mike -

It is quite likely that ARIN would process a proper order that was clear in directing restoration of the prior state ("status quo ante”) due to contract cancellation/rescission, but one cannot say with 100% certainty obviously because of other factors that might be related to the dispute.  Note - I speak only with regards to parties and order with ARIN’s region, as Inter-RIR transfers involve issues of far more complexity than can be safely predicted.

Note also that someone accepting payment over time in such circumstances would still have to be particularly adventurous, since there is the real potential that events leading to failure to continue payment (e.g. impairment of the reputation of the address block) would also have materially impacted the value of the number resources as security.

Best wishes,

John Curran
President and CEO
American Registry for Internet Numbers

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