nanog mailing list archives

Re: Can a Customer take their IP's with them? (Court says yes!)


From: James <haesu () towardex com>
Date: Tue, 29 Jun 2004 15:09:30 -0400


quite frankly, looking at the TRO (thanks Richard for posting them here), UCI has
requested permission to use Prior UCI Addresses being part of NAC, until September
1st, 2004. i am failing to see the problem with this TRO, given that customer is
simply requesting relief & guarantees that their move-out operation to new facility
shall go unrestricted and not interfered by NAC.

granted, the actual order fell from the court doesn't specifically state 9/1/04 as
the deadline (which would be the policy issues w/ IP address portability), I think
we need to take a look at both side's opinions and situations before blackholing
NAC->UCI leased IP space(s) out of the blue as some here on this mailing list have
stated they would do so.

all i can see here is that UCI, being a customer is simply interested in doing
what they can do to protect their business. moving entire business operational 
assets between colocation facilities is not an easy task, and can be quite risky
for them. yes, i would take issues if UCI is simply requesting permanent portability
of the IP space administrated by NAC, but so far looking at the documents, it
appears UCI seems to be requesting enough period of time to help with their transition
to the new facility, including enough time for renumbering of IP addresses in the
process.

Page 15, 45. of http://e-gerbil.net/ras/nac-case/restraining-order.pdf

my 0.02

-J

On Tue, Jun 29, 2004 at 12:24:44PM -0400, Richard A Steenbergen wrote:

On Tue, Jun 29, 2004 at 09:11:08AM -0700, william(at)elan.net wrote:


Actually, after reading most of the papers which Richard just made available
at http://www.e-gerbil.net/ras/nac-case/ I don't see that court made an 
incorrect decision (it however should have been more clear enough on when 
TRO would end in regards to ip space). If you read through 

It is very likely that Pegasus made the correct decision to protect their
business, regardless what a bunch of engineers on NANOG think about the IP
space question. It also seems that the TRO is about far more than IP space
(i.e.  the continuation of full transit services, at existing contract
rates).

then they did other customers. Now, I do note that is probably just one
side of the story, so likely there would be another side as this 
progresses through court (hopefully Richard will keep the webpage current 
with new documents), atlthough I have to tell you what I saw mentioned so 
far did not show NAC or its principals in the good light at all.

I would like to post the NAC response to this so that we can hear all
sides of the story, but unfortunately the case was moved from the US
District Court back to the NJ Superior Court, where I no longer have easy
access to the documents. I would be happy to take offline submissions of
the legal filings from anyone willing to waste more on this than the
$0.07/page that PACER charges. :)

-- 
Richard A Steenbergen <ras () e-gerbil net>       http://www.e-gerbil.net/ras
GPG Key ID: 0xF8B12CBC (7535 7F59 8204 ED1F CC1C 53AF 4C41 5ECA F8B1 2CBC)

-- 
James Jun                                            TowardEX Technologies, Inc.
Technical Lead                        Network Design, Consulting, IT Outsourcing
james () towardex com                  Boston-based Colocation & Bandwidth Services
cell: 1(978)-394-2867           web: http://www.towardex.com , noc: www.twdx.net


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