[members-discuss] Update on ruling by Supreme Court of Mauritius in favour of Cloud Innovation

Hi 



While the last letter was edited for language due to my rather poor English writing skill, I think it miss out an important information as I like to clarify.



It's not me against AFRINIC, it's me against the current leadership of AFRINIC.



I have no issue with current institution of AFRINIC, or RIRs by its extension, as matter of fact, just like all the other members of RIRs, many of my business are survive on the functioning of the current numbering system.



I believe the pioneers of the internet have designed a brilliant system for the internet to expand to today's stage, but the system they designed needs support to return it to what it was designed for - a community driven, bottom up system.



Over the years, the internet has grown from the domain of a few people in a room to an essential and modern unity of our society, but until today, decision and policy making in all regions of RIR have almost always being dictated by a few policy specialists in a room.



In some regions, those group of specialists still have the good intention of the internet, and in some regions, things have gone to a different direction.



Higher accountability and transparency at top of the system and a better way to communicate to the members not with thousands page of policy or legal document, but pain simple language, is needed.



I hope above clarify any misunderstandings.



Kind regards



Lu












---- On Wed, 20 Jul 2022 22:06:19 +0800 Lu Heng <h.lu at larus.net> wrote ---



Dear RIPE community,

 

The Supreme Court of Mauritius has ruled in favour of Cloud Innovation against AFRINIC's numerous attempts to block access to justice.

 

Specifically the Judge ruled that Cloud Innovation was "not vaxacious" and agreed that Cloud Innovation has every right to protect it's legal position by seeking injunctions against AFRINIC's attempt to block our case. The Judge has ruled that Cloud Innovation's case against AFRINIC may proceed to trial.

 

In light of this judgement, Cloud Innovation have issued a press release which can be find at link below together with the judgement. I hope you will to read both to understand the importance of the consequences of the Judgement.

 

Since the court has ruled that me and my company are not a vaxacious litigant, the accusation of me and my company being vaxacious as stated in the ill-advised NRO letter is considered to be potentially criminal defamation as per Mauritius law.

 

I request that the authors of the RIPE NCC letter, plus those individuals that advised them to write such a letter,  to urgently reconsider their position publicly.

 

And if, they ware mislead by someone to sign such letter, it's time to explain before future potential proceedings bought by Mauritius judicatory system.

 

The Judge ruled:

 

"I do not agree that the applicant is, in respect of the application before me, being a vexatious litigant causing prejudice to the respondent. Although it is undeniable that there has been a history of cases lodged by the applicant during the past year, there have been various intervening factors throughout and it cannot be said that the issues which require determination in the present 17 case have already been settled by a court decision, or that to continue with the present proceedings would amount to an abuse of process. "

 

Well in advance of this Judgement, I called on AFRINIC to enter into mediation.  My multiple requests were ignored.  Mediation could have ensured a private settlement on the issues without the need for a public Judgement. AFRINIC rejected my offer to mediate. Instead, AFRINIC continued to waste a significant amount of member's resources on attempting to deny a legitimate dispute from being heard by an impartial Judge.

 

I am always open to mediation and my door remains open to AFRINIC to discuss and resolve our issues.

 

AFRINIC's attempt to deny access to justice opens up some very serious questions about the behaviour, motivation and judgement of the leadership of AFRINIC that the RIPE community now need to consider carefully.

 

Whilst I am obviously pleased with the Judgement, I take no pleasure in saying that the Judgement shows we should never have even put in this position by AFRINIC and laterally by other individuals potentially in RIPE NCC as well.  Their behaviour has caused me and my company significant reputational and financial damage.  

 

There is now an understanding in the RIPE community that AFRINIC actions and attitude has also been damaging to themselves and our wider community.

 

Separate to the potential forthcoming legal cases brought by eight different claimants, real change has to be seen to be made now in ARFINIC to ensure that the organisation is fit for purpose and serves the interests of global internet community and not just a few individuals at the top.

 

I urge the community to read both the press release and the judgement to have a better understanding of the situation:

 

https://cloudinnovation.org/press-release5.html

https://cloudinnovation.org/attachmentlist/cloud-innovation-ltd-v-african-network-i.pdf



Kind regards



Lu








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