nanog mailing list archives

Re: Lightly used IP addresses


From: "N. Yaakov Ziskind" <awacs () ziskind us>
Date: Mon, 16 Aug 2010 01:25:48 -0400

[attribution removed, as I lost track of who said what]

Do you now. Unfortunately, the plain language of the LRSA does not
respect your belief.

ARIN makes only two promises about the application of existing and new
ARIN policies to LRSA signatories: "ARIN will take no action to reduce
the services provided for Included Number Resources _that are not
currently being utilized_ by the Legacy Applicant." (10.b) and "fee
shall be $100 per year until the year 2013; no increase per year
greater than $25." (6.b)

Except for those exclusions, the LRSA includes "the Policies which are
hereby incorporated by reference" (15.d). Those policies are "binding
upon Legacy Applicant immediately after they are posted on the
Website" (7).

In other words, if the ARIN board adopts a policy that legacy
registrants must install some of their addresses on a router on the
moon (or perhaps some requirement that's a little less extreme) then
failing to is cause for terminating the contract (14.b). Which revokes
the IP addresses (14.e.i).

I think that is a rather bizarre and extreme construction of excerpts of the
contract language. More rational construction would lead one to believe
that the stated intent is to limit ARIN's ability to raise fees and prevent
the revocation of legacy addresses absent a failure to pay fees.

You could think this 'bizarre', and you might be right. I read it, however,
and was convinced - at least to the point where I would advise a client
not to sign such an agreement without additional research.

Ritual disclaimer - IAAL, but not a very good one, and this isn't legal
advice, and, if you take legal advice from a stranger's internet
postings, you have bigger problems than ARIN can throw at you. :-)

-- 
_________________________________________
Nachman Yaakov Ziskind, FSPA, LLM       awacs () ziskind us
Attorney and Counselor-at-Law           http://ziskind.us
Economic Group Pension Services         http://egps.com
Actuaries and Employee Benefit Consultants


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