Can a customer take IP's with them?
Patrick W Gilmore
patrick at ianai.net
Wed Jun 23 17:22:07 UTC 2004
On Jun 23, 2004, at 1:11 PM, Chris Ranch wrote:
>> 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.
I disagree. ICANN has legal standing as the "owner" of all IP space.
If NAC wrote a contract that said "we'll sell you this /16 for $100K",
it would not be valid. At least I hope it is not, or the whole
Internet is in deep d00 d00. (The again, we probably already are. :)
ARIN owns the IP space, and ARIN says the customer 1) Cannot take PA
space with them, and 2) Must renumber into the PI space they were
given. It sure would be nice if the NAC contract said "you can't take
IP space with you", but I really do not think it is necessary.
Also, since NAC is paying ARIN for that space, I am not sure why this
would not constitute theft. If I lease a parking lot and give you a
space when you rent an apartment from me, you cannot get a TRO to use
the parking space after you stop renting the apartment from me.
--
TTFN,
patrick
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