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

Charles Sprickman spork at inch.com
Tue Jun 29 04:44:43 UTC 2004


On Mon, 28 Jun 2004, Alex Rubenstein wrote:

> There has been a Temporary Restraining Order (TRO) issued by state court
> that customers may take non-portable IP space with them when they leave
> their provider. Important to realize: THIS TEMPORARY RESTRAINING ORDER HAS
> BEEN GRANTED, AND IS CURRENTLY IN EFFECT. THIS IS NOT SOMETHING THAT COULD
> HAPPEN, THIS IS SOMETHING THAT HAS HAPPENED. THERE IS AN ABILITY TO
> DISSOLVE IT, AND THAT IS WHAT WE ARE TRYING TO DO.

This is all rather interesting, but for anyone writing contracts for the
type of service this customer purchased (colo+IP?), what must we include
that your contract did not include?  Do you specify something about "use
of IP addresses" for a certain term?  Was there any ambiguous language
about ownership or allocation of IP space?  Did you charge per block of
IPs allocated to the customer?

As far as other ISPs helping out in the form of a letter to the court,
what do you need beyond a "well, this is one more route we need to carry
that we shouldn't have to" and "How do I know how to properly report abuse
issues regarding this block"?

Thanks,

Charles



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