US CODE: Title 15, Chapter 1, Section 2.
Karl Denninger
karl at MCS.NET
Fri Jan 31 14:44:39 EST 1997
Someone ought to look at the way some providers try to tie customers
(especially other ISPs) to themselves through address allocation policies...
as well as the Internic/IANA/NSF arrangement for domain names and the IAHC's
activities in that area as well.
$10 Million per violation is a pretty strong deterrent...
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>
> USCODE Title 15: Chapter 1: Section 2:
> ----------------------------------------------------------------------------
> § 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.
> ----------------------------------------------------------------------------
>
> 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.
>
> ----------------------------------------------------------------------------
> USCODE Title 15: Chapter 1: Section 1:
> ----------------------------------------------------------------------------
>
> § 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.
>
> ----------------------------------------------------------------------------
>
> 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
>
> -------
> mailto:bass at silkroad.com voice (703) 222-4243
> http://www.silkroad.com/ fax (703) 222-7320
>
>
>
>
>
>
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