Kremen VS Arin Antitrust Lawsuit - Anyone have feedback?

Fri Sep 8 20:21:28 UTC 2006

On Fri, 8 Sep 2006, 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.

Actually that is pretty good analogy.

Unfortunately in this case, the block appears to be one of legacy /16s
that ARIN did not assign but IANA or Internic probably did. We're
actually lucky they decided to not sue IANA or NSI because then the
whole thing would have been ever messier and judge even more confused.

IANAL, but I doubt it this will quickly end with summary judgment
though (you need similar cases for judge to compare and see decisions 
there, otherwise detailed investigation of case will be required).
Don't worry about costs though, I think ARIN has enough extra and
do have a lawyer, so I hope they spend it what is necessary to
get good results which can also be cited in the future.

-- 
William Leibzon
Elan Networks
william at elan.net