On 13 Aug 2019, at 11:03 PM, William Herrin <bill@herrin.us> wrote: I signed no legal agreement either to register my legacy addresses or to do a whois lookup to check someone else's addresses. Just sayin’.
If you instead used a command line interface (e.g. "whois -h whois.arin.net …”), then you received output from ARIN’s Whois server along with notice of
On Tue, Aug 13, 2019 at 8:25 PM John Curran <jcurran@arin.net> wrote: the applicable terms of service… Hi John, As I no longer live within or act from within one of the 2 states to have passed UCITA, you'll find that notice difficult to enforce.
I would observe that continued use at that point has been held to indicate agreement on your part [ref: Register.com, Inc. v. Verio, Inc., 356 F.3d 393 (2d Cir. 2004)]
In which Verio admitted to the court that they knew they were abusing Register's computers but figured Register's contract with ICANN gave them the right. The court would have reached the same decision regardless of Register's notice: You're abusing computers that aren't yours. Stop it. Specht v. Netscape Communications Corp, on the other hand, found that, "plaintiffs neither received reasonable notice of the existence of the license terms nor manifested unambiguous assent" to the contract Netscape offered for the use of their software at download-time, including assent to settle disputes through arbitration. I'll take any bet you care to offer that the latter precedent applies to casual consumer use of ARIN's whois. I won't take any such bet when it comes to the legal safety of redistributing ARIN's RPKI Trust Anchor Locator in my software. And neither, apparently, do many of the folks who would have to redistribute that TAL for ARIN's RPKI to be useful, as was discussed here last September: https://mailman.nanog.org/pipermail/nanog/2018-September/097161.html Regards, Bill Herrin -- William Herrin bill@herrin.us https://bill.herrin.us/