On Mon, Oct 3, 2016 at 5:09 PM, John Curran <jcurran@arin.net> wrote:
On 3 Oct 2016, at 4:06 PM, William Herrin <bill@herrin.us> wrote:
ARIN asserts they've taken no action because community developed policy instructs them not to. That is a half-truth. The whole truth is that ARIN has bent over backwards to avoid testing in court whether they have the lawful authority to enforce any policies against legacy address holders, even to the extent of bending or breaking their own policies when settling a court case.
Bill - You’re not quite correct with these statements, as there have been many court orders that require parties to enter into an RSA and comply with the IP registry policy
Hi John, I was a little sloppy with my language. When two parties in a court case reach an agreement and ask the judge to accept that agreement, the result is a court order. It is not, however, a precedent-setting judgement.
Half-correct, in that these bankruptcy cases do result in judicial orders; however, the fact that the parties consent to the terms in order to proceed with the transfer is correct. (Presumably they would do otherwise if they had a valid basis for argument, but that hasn’t happened.)
That reasoning escapes me. How does years in court fighting ARIN advantage a buyer in a bankruptcy sale? Make the best deal you can without a fight and quickly close. Bankruptcies are all about pragmatism.
We have routinely argue that IP address blocks are not common law property and prevail - we have never been ordered to make registry updates contrary to the community policy.
You prevail through consent. In one sense, that speaks well of you. But no court has ruled either for you or against you. There is literally no precedent on the matter of addresses as property as a result of the cases ARIN has been involved in. And in my opinion, ARIN has cut a couple shifty deals to avoid having a judge rule in a way that would set a precedent. That probably comes across harsher than I intend. I think it's good that ARIN seeks agreement over conflict. Wise even - addresses handed out after ARIN's inception are governed under much clearer contract law. Enough delay settling the law with respect to legacy IPv4 addresses will let IPv6 render the issue moot. Anyway, my point is that ARIN's position on the matter aside, no one holding legacy IP addresses should believe that addresses as non-property is settled law. And with that I'll get off my soap box and bid you a good evening. Regards, Bill Herrin -- William Herrin ................ herrin@dirtside.com bill@herrin.us Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/>