Can a customer take IP's with them?
Chris Ranch
CRanch at Affinity.com
Wed Jun 23 17:11:38 UTC 2004
Hello Alex,
> > In other words, customer is asking a court to rule whether
> > or not IP space should be portable, when an industry-
> > supported organization (ARIN) has made policy that the
> > space is in fact not portable. It can be further argued that
> > the court could impose a TRO that would potentially negatively
> > affect the operation of my network.
>
> A court will likely decide this based upon the terms of
> your contract and what the court thinks is fair. They will
> likely give very little consideration to common practice or
> ARIN's rules.
That's the crux of the biscuit. Your case depends on whether you
provided for this in your contract with the customer. If its missing,
you have a big challenge on your hands. No RFC or ARIN policy is a
binding legal document. If its there, your chances are much better.
So, do you discuss non-portable address space assignment in your
contract?
Where was this case filed? NJ or federal court?
Do let us know how it turns out. This will establish a key legal
precedent.
Chris
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