[members-discuss] Executive Board Resolution on Legacy Internet Resource Holders

On Mon, Oct 3, 2016, at 00:08, Carlos Friacas wrote:
> 
> The legacy space ISN'T managed by the RIRs.

Of course, not managed, "administered"
http://www.iana.net/assignments/ipv4-address-space/ipv4-address-space.xhtml#note1
Or is it still "managed" ?
https://www.ripe.net/manage-ips-and-asns/legacy-resources/erx

I don't think this changes the situation very much if the legacy
ressources cannot be considered property.

> > If the answer is "YES", then that would be for me a good starting point
> > into accepting the current situation.
> 
> I guess an e-mail message, in some parts of the (non-virtual) world might 
> be considered as "good documentation" -- or a contract...?

A contract does not create ownership in itself. 
As for an e-mail being considered a contract - the outcome may be pretty
random.
Why exactly wasn't IP space considered as a RTU (right to use) ? It
seems that ARIN's position goes in that direction.
That would make legacy space quite similar to non-legacy one.

> > But on the other side, it seems that not all RIRs have such a "friendly"
> > stance towards LRHs (towards LEGACY in general).
> 
> Where did you get that idea? pointers...?

https://www.arin.net/resources/agreements/rsa_faq.html#legacy
https://www.arin.net/resources/agreements/rsa.pdf
http://www.mail-archive.com/[email protected]/msg87789.html

> It's a bit different. "Carlos" is not a unique identifier. Even my four 
> names are not a unique identifier (roughly it is because my surname is 
> really rare...).

Neither is 8.8.8.8 (just an example of legacy IP address).

> Sure. Again, i don't think the IP space distributed by IANA falls 
> under intellectual property...

Intangibe, definitely yes.

> A dutch court, a portuguese court and a romanian court might decide 
> differently on the same case... which law should apply? The recipient 
> coutry's law and/or IANA's?

Most likely any jurisdiction that could enforce its decision on RIPE
NCC. That should normally include at least the Dutch one. Probably a few
select others to some degree (or not).

Back to where we started, why such a friendly stance towards all holders
of "space initally distributed before the RIR system", espcially the
non-collaborative ones ? Choice (if yes, why) ? Well-defined legal
obligation (doesn't look like this, at least in IANA's own legal
system). Fear of litigation ?

-- 
Radu-Adrian FEURDEAN