[arin-ppml] Deceased Companies?

Ronald F. Guilmette rfg at tristatelogic.com
Mon Jul 25 18:47:41 EDT 2022


In message <CAP-guGXJU5MRr8s+mOrXBrD7Odd4MubB_7vDCr0WpD0kC-2Jzw at mail.gmail.com>, 
William Herrin <bill at herrin.us> wrote:

>On Mon, Jul 25, 2022 at 1:28 PM Ronald F. Guilmette
><rfg at tristatelogic.com> wrote:
>> Anybody can claim anything in court.  [...]
>> I personally believe that ARIN has no legally enforcable obligations to
>> any party that it has no explicit contract with.
>
>Hi Ronald,
>
>If two parties have a contract with each other (let's say you and your
>Internet provider) and a third party does something unreasonable which
>obstructs the performance of that contract, the third party has broken
>the law. It's called "tortious interference with a contract."

I am quite entirely aware of this type of legal claim, and with all
due respect, I think that until you are ready to give me your bar
number it might be better for you to refrain from attempting to
educate me on this topic.

It is unambiguously the case that if, three weeks ago or so, I had
swooped in and made a $45 billion dollar offer to buy Twitter, thus
topping Elon Musk's $44 billion dollar offer, and if I had put that in
writing and if I had in fact entered into a contract with Twitter, Inc.
to make that purchase, then I would be subject to a colorable claim of
tortious interference.  Similarly, if I had contracted with Twitter
to pay that company, say, $2 billion dollars if they would just simply
not agree to be acquired by Elon Musk, then in that case also I would
be subject to a colorable claim of tortious interference.

Those sets of facts are readily distinguishable however from the case
where a party has _no_ binding legal commitments or agreements with
the other two parties involved, as in the case of ARIN doing something
that might affect some legacy holder and some other party that has a
contract with said legacy holder.  ARIN has no legal obligations to
either party.  Either of those two parties could _claim_ tortious
interference, but they would lose, because ARIN has no contract, nor
any specific legal obligation to either of them.


Regards,
rfg


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