[governance] Good contribution on IP addresses and Internet Governance

[Milton L Mueller]

> > First, it claims that organizations that were given IP addresses
> > without a contract are contractually bound to obligations created by
> > organizations (RIRs) that didn't exist when the addresses were handed
> > out. Legally, just flat wrong.
> 
> Milton -
> 
>   Is that your legal opinion?  
[Milton L Mueller] 

It's ARIN's legal opinion, as you know. Or do I have to throw ARIN's testimony in the Kremen case at you again? ;-)  

> I'll note that at formation, ARIN agreed
> with the US Government to provide registration services 

[Milton L Mueller] 

Yes, ARIN agreed to provide registration services to anyone and everyone in their region, but that doesn't mean it gained contractual obligations over them - i.e., over people who never signed a contract with it. 

> > Further, the intervention had to be withdrawn from the Nortel
> > bankruptcy proceeding because it was late, procedurally clueless 
> > and the intervenor had no standing in the process.
> 
>   Actually, I'm told it was withdrawn because the parties
> (NNI/Microsoft) had submitted their revised asset purchase agreement 

[Milton L Mueller] 

In other words, it was out of order and procedurally clueless. 

> which was modified as
> requested by ARIN.  
[Milton L Mueller] 

ROTFL! 
I have to admire you John, for your persistence in putting the best possible face on what should be a sobering moment for ARIN. You are a good and loyal man. 

But the simple truth is that the asset purchase agreement was modified because Microsoft agreed to modify it, after ARIN begged it to. Full stop. 
It was not modified because the court told Microsoft it had to modify it to get approval. Had Microsoft told ARIN to get lost (as Nortel did) neither ARIN nor the clueless Canadian intervenor could have done anything about it. You are very lucky that Microsoft decided to play. 

> ARIN has never asserted that registrants have no
> rights with respect address blocks registered to them 

[Milton L Mueller] 

Who said it ever asserted that? I agree, registrants have limited rights of exclusive use under ARIN contracts. 
I actually like the RIR system, in case you've forgotten, I just think it needs to be reformed in line with some very rapidly changing and important developments in the address space. 

____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t