Hello Alex,

> > In other words, customer is asking a court to rule whether
> > or not IP space should be portable, when an industry-
> > supported organization (ARIN) has made policy that the
> > space is in fact not portable. It can be further argued that
> > the court could impose a TRO that would potentially negatively
> > affect the operation of my network.
>
>       A court will likely decide this based upon the terms of
> your contract and what the court thinks is fair. They will
> likely give very little consideration to common practice or
> ARIN's rules.

That's the crux of the biscuit.  Your case depends on whether you
provided for this in your contract with the customer.  If its missing,
you have a big challenge on your hands.  No RFC or ARIN policy is a
binding legal document.  If its there, your chances are much better. 

So, do you discuss non-portable address space assignment in your
contract?

Where was this case filed?  NJ or federal court?

Do let us know how it turns out.  This will establish a key legal
precedent.

Chris