> On 16 Sep 2022, at 3:21 PM, William Herrin <b...@herrin.us> wrote:
> 
>> instead consistently end up settling with orders that recognize ARIN’s
>> ability to operate  the registry according to the community-developed policy
> 
> That's quite an overstatement. As far as I'm aware, with respect to
> the legacy registrations the only order any court ever made was that
> within the facts of that particular case, ARIN could refuse to
> -record- a transfer of registration absent a contract.

Bill – 

What is “an IP address block assignment”?  i.e. what exactly are we talking 
about having rights to?
You talk about a transfer of something distinct from the registry entry, but 
don’t actually say what 
that is...

We know what it is not – it not “the right to route a range of IP addresses on 
the Internet” – as ISPs 
control their own routers (and at no time did any of them delegate some portion 
of control over 
their network routing to USG/SRI/ISI/GSI/NSI/NetSol/ARIN…) 

I’ll assert that an “IP address block assignment” (regardless of when made) was 
the issuance of a set
of rights to a specific entry in the registry database: e.g., the right to have 
your organization associated 
with a range of numbers in the Internet number registry, the right to be able 
to update the relevant fields
of that entry (like contact info), and the right to transfer these rights to 
other parties in accordance with 
registry policy.

Parties issued IP address blocks were given those rights to their particular IP 
address block entry in 
the registry database, and that registry database was transferred to ARIN at 
our inception.  As such, 
if you want an IP address block entry updated, it’s necessary to comply with 
ARIN’s policies as set 
by this community. 

Now you may believe the IP address blocks are something other than a limited 
set of rights to an
entry in the registry, and that’s just great.  I think you’ll find that nearly 
everyone who wants to buy
rights to an IP address block expects that the registry entry will be updated, 
and that the update of 
the entry constitutes the transfer of the rights, but you should feel free to 
hawk something else if 
you think folks will buy it.   Similarly, if you believe that you can transfer 
an “IP address block” 
and somehow that gives you some legal authority over a portion of the ARIN 
registry, then you
should avail yourself of all appropriate legal means to enforce your purported 
rights and effect 
that change.  (It’s not that people haven’t come up with such interesting 
theories before, rather
that they’ve never held up in court…) 

Again, to make sure there is 100% clarity: we have consistently ended up 
settling with orders 
that recognize ARIN’s ability to operate the registry according to the 
community-developed 
policy, including the application of that policy to legacy address blocks. ARIN 
simply doesn’t 
settle absent those terms, as it is fundamental principle of our inception that 
this community
can set the policies used to administer the registry for this region. 

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers


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