Sorry about the html.

^%$%&*.!

-----Original Message-----
From: owner-nanog@merit.edu [mailto:owner-nanog@merit.edu]On Behalf Of Chris Ranch
Sent: Wednesday, June 23, 2004 10:12 AM
To: 'alex@nac.net'
Cc: nanog@nanog.org
Subject: RE: Can a customer take IP's with them?

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