Kremen VS Arin Antitrust Lawsuit - Anyone have feedback?

joe mcguckin joe at
Fri Sep 8 19:38:36 UTC 2006


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 at
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

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