Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback?

[joe mcguckin <joe () via net>]

Mark,

A more 'correct' analogy would be as follows:

    Let's say you win a judgement against another party where the  
court essentially awards you all the assets of the
    defendant. One of the assets is a paging company. So,  you hike  
down to the FCC and want the radio licenses for the business
    re-registered in your name, you present a valid court order to  
show that the court has awarded you title to the assets. In fact,
    you present a court order specifically ordering the FCC to re- 
register the licensed spectrum to you.

How can the FCC refuse? Any court with proper jurisdiction certainly  
has the ability to assess damages and specify remedies for those
damages. A station license or spectrum - even though is not actual  
ownership, but a lease or license - is an asset and routinely are sold
for millions, even billions of dollars.

More to the point, how can ARIN refuse such an order?

Joe McGuckin
ViaNet Communications

joe () via net
650-207-0372 cell
650-213-1302 office
650-969-2124 fax



On Sep 8, 2006, at 11:57 AM, Mark Kent wrote:

> Joe McGuckin typed:
> > > 2) Why does ARIN believe that it can ignore a court order?
>
> Maybe because ARIN wasn't a party to the original proceedings
> that generated that order?
>
> Let's say you're eating lunch one day, minding your own business,
> and a sheriff comes up with an official looking document and
> says "You need to hand your car over to Fred..." because,
> unknown to you, Fred and Barney just finished court proceedings
> where the judge ruled that Barney had to give Fred "his" car,
> even though that car was owned by you and just loaned to Barney.
>
> Not a great analogy, because of the whole pink slip thing,
> but you get the point.
>
> -mark