[arin-ppml] Deceased Companies?

William Herrin bill at herrin.us
Tue Jul 26 00:42:48 EDT 2022

On Mon, Jul 25, 2022 at 8:03 PM John Curran <jcurran at arin.net> wrote:
> > On 25 Jul 2022, at 10:18 PM, William Herrin <bill at herrin.us> wrote:
> > https://lists.arin.net/pipermail/arin-ppml/2012-June/058754.html
> Yes, I remain well aware of it, but alas it was the NSF that directed the transfer of the tasks and
> database to ARIN – there is nothing present in their direction to suggest your postulated limitation,

In point of fact John, the NSF direction is completely mute on the
subject, neither authorizing ARIN to alter the legacy grants nor
refusing ARIN that authority. As I recall, the NSF direction is quite
terse in general.

> and the NSF press release is remarkably clear that the community will be able to set policy for the
> management of the registry database.

A press release is not a legally controlling document. It's one in a
series of documents, each building on the last, which illuminates the
intention of the legally controlling document that was mute on the
matter. In other words, it has to be viewed in the _context_ of the
rest of the documents and presentations that led up to it. Like the
preceding FNCAC presentation and similar presentations by
then-proponents of establishing ARIN which specified ARIN would not
materially alter the legacy registrations without the registrants'
permission regardless of changes in new ARIN policy.

We've gotten way into the weeds here so I'll bring it back to this:
it's dubious whether or not ARIN has the authority to make and enforce
a change to the policies that would have a materially adverse impact
on the legacy registrations. You say yes. I say no. Until a judge says
yes or no we're both guessing.

What *is* certain is that ARIN has not attempted to do so in the
quarter century it has existed. Not even once. There have been
proposals but none have proceeded to adoption or implementation. Many
changes adversely impacting RSA registrations. None adversely
impacting legacy registrations.

And because I can't resist one last dig - I observe again that ARIN
has studiously avoided putting any judge in the position to decide
the question. In each case, the matter was either decided by finding
that the litigant was not the legacy registrant or ARIN has found a
way to settle the matter, twisting policy as needed to do so.
Nortel/Microsoft was an example of the latter in which Microsoft
negotiated a contract for which then-extant policy made the address
transfer ineligible.

You speak confidently here on the list but for anyone who watches
closely, ARIN's behavior in court tells the story.

Bill Herrin

Bill Herrin

For hire. https://bill.herrin.us/resume/

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