[BULK] Re: [address-policy-wg] 2007-08 New Draft Document Published (Enabling Methods for Reallocation of IPv4 Resources)

> One thing I'm not sure about is this:
> 
>     LIRs that receive a re-allocation from another LIR cannot
>     re-allocate complete or partial blocks of the same address space
>     to another LIR within 24 months of receiving the re-allocation.

Interesting. Since this policy seems to be saying that it will be
legitimate for LIRs to trade addresse blocks, has anyone investigated
whether or not restrictions, such as those above, would be considered
illegal restraint of trade?

In addition, the fact that RIPE allows LIRs to trade addresses directly
suggests that RIPE now considers IPv4 addresses to be property. What
will be the legal impact on the clause in the IPv6 policy which says
that IPv6 addresses are not property?

> (*) I know the RIRs shy away from such terms for various reasons
>     mostly to do with fear of government involvement, but I propose we
>     choose to be brave and use the terminology that best matches
>     intuition.

If RIPE begins to treat IPv4 addresses in exactly the same way they
would be treated under a lease agreement, then it is possible that the
courts will decide that RIPE is actually leasing the IPv4 address blocks
even if RIPE avoids that language.

Imagine that I offer you an educational experience in which you attend
my business premises every day and perform various tasks for the
business as directed by me. And further imagine that I place a certain
amount of cash in a certain desk drawer every Friday with the
understanding that you can use this cash in any way that you wish
whether personal or otherwise. Does this mean that our arrangement is
immune to the laws regarding employment, and income tax withholding,
etc.? Probably not. Even if we don't call it a "job" and it is still
considered to be a job under the law.

I still fail to see any benefits at all, either to RIPE or to LIRs, from
making it possible for LIRs to exchange address blocks first, then tell
RIPE second. The current situation, where you tell RIPE first (return
unused blocks, ask for more addresses) and receive addresses second,
seems to work fine today and there is no reason that it will not work 5
years from now.

--Michael Dillon