[address-policy-wg] 2013-03 New Policy Proposal (No Need - Post-Depletion Reality Adjustment and Cleanup)

On Mar 26, 2013, at 11:19 AM, Nick Hilliard <nick at inex.ie> wrote:

> ...but none of these courts have actually ruled in favour of your position,
> correct?


Actually, that is incorrect.  We have had a ruling from federal district court and 
it upheld our position in being able to manage number resources in accordance with 
the policy in the region.  I would not call 100% definitive ruling because it was
not based on hearing of the potential fullness of the topic but instead limited by
the specific legal circumstances.   We've also been heavily involved in bankruptcy 
courts with respect to number resource transfers, and all of these have been 
resolved in compliance with the number resource policy developed by the community 
in the ARIN region. You may find references to these cases in the following article:
<https://www.arin.net/resources/transfers/mwe_internet_article010512.pdf>

I will reiterate for avoidance of any doubt and to bring this back to the topic 
at hand: the RIPE community should feel free set any transfer policy that applies 
to resources in its region, but I'd recommend against developing policy based on 
a belief that ARIN policies don't apply to all resources in the ARIN region, as 
the outcome will not match expectations.  

FYI,
/John

John Curran
President and CEO
ARIN

p.s. I expect some of the RIPE folks have now had more than their dose of legal fun
for the day and would suggest followups to ARIN ppml or ARIN discuss (but obviously 
will remain available as a resource if folks really want to continue the discussion 
on the RIPE address-policy-wg list...)