It sounds like
the whole situation with the asset freeze could have been avoided had
AfriNIC not engaged in contempt of court to start with; surely having
more contempt of court is not the solution here, now is it?
I'm sorry, in what universe is discussing the situation on a mailing list contempt of the Mauritian courts? Please.
Also, your facts are incorrect.
- CI filed for an injunction to prevent AFRINIC from reclaiming the IPs in question.
- AFRINIC was warned by the courts, but did comply with said injunction on July 15th.
At that point, the dispute over AFRINIC's policy enforcement action can, and should, have been handled in the courts. If this is as far as it went until the matter was settled in court, I think most all would agree there's not much of an issue/
But what happened next?
CI filed an AFFIDAVIT alleging monetary damage allowing them to garnish AFRINIC's assets. An AFFIDAVIT. That's it. It begs an interesting question; how was CI harmed to the tune of $50M USD when , at that point:
- AFRINIC was enjoined from terminating CI's membership
- AFRINIC was enjoined from reclaiming the IP resources assigned to CI
It likely goes to the heart of what we SHOULD care about; CI most likely claimed that the IP blocks were their 'property' and worth $50M, even though the matter of 'is an IP allocation property' is not settled law. We all know that the courts are often far behind technology, so this isn't surprising.
By taking this action, CI is clearly trying to kneecap AFRINIC from being able to properly defend itself in court. Again, we should all care about this, because if it becomes legal precedent that 'IP allocations are property of the assignee' , an RIR attempt to reclaim them becomes a much more complex issue that could have wide ranging impact to the system at large,