US CODE: Title 15, Chapter 1, Section 2.
Tim Bass
themeek at LINUX.SILKROAD.COM
Fri Jan 31 00:17:06 EST 1997
USCODE Title 15: Chapter 1: Section 2:
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§ 2. Monopolizing trade a felony; penalty
Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of
the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be
punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by
both said punishments, in the discretion of the court.
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Opinion: IP address space cannot be monopolized nor commercialize because
it is a national resource. Those planning to charege for it might
consider if they believe Title 15:1:2 applies to a national and
scarce resource, such as IP address space.
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USCODE Title 15: Chapter 1: Section 1:
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§ 1. Trusts, etc., in restraint of trade illegal; penalty
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with
foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to
be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if
any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.
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Opinion: Forming a trust to sell a national resource, such as IP address
space without competition, fixing a price might be considered
a violation under federal code.
Action: Request a formal advisory from both the Department of Justice
and the Federal Trade Commission.
In my humble opinion, attempts by Network Solutions, Inc. to form
NAIPR and to require a fee for IP address space may violate these
federal codes.
Best Regards,
Tim Bass
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mailto:bass at silkroad.com voice (703) 222-4243
http://www.silkroad.com/ fax (703) 222-7320
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