Hi,

If possible could we move this to a private conversation? This has all been 
aired on PPML several times before and at this point it serves no purpose. If 
we could please get back on track and focus on a current draft policy or 
proposal and state reasons for support or non support it would be very much 
appreciated.

Thanks,
John



From: John Curran <[email protected]<mailto:[email protected]>>
Date: Wednesday, June 19, 2013 2:12 PM
To: Mike Burns <[email protected]<mailto:[email protected]>>
Cc: "[email protected]<mailto:[email protected]>" 
<[email protected]<mailto:[email protected]>>, Mike Burns 
<[email protected]<mailto:[email protected]>>
Subject: Re: [arin-ppml] A Redefinition 
ofIPv4NeedpostARINrun-out(was:Re:Against2013-4)

On Jun 19, 2013, at 12:42 PM, Mike Burns 
<[email protected]<mailto:[email protected]>> wrote:

   You may say "legally purchasing" rights, but I truly don't know what these 
parties think
   they purchased, since it can't be the ability to inject routes and have them 
accepted
   (no one can provide that) nor the right to use the entry in the registry, 
when the
   circumstances are contrary to policy.

I guess they figure they are buying what the Nortel bankruptcy judge called the 
“exclusive right to use” the addresses.

Indeed, but those are rights which may be transferred in accordance with 
policy.  In the case
of Nortel, this was accomplished by ARIN working with Microsoft and confirming 
compliance
and then removing our objection, a point which Nortel's own filing makes - "10. 
Second, the
revisions reflected in the Amended Sale Agreement and Revised Order were the 
result of
negotiations between Microsoft, ARIN and NNI and, accordingly, ARIN’s counsel 
has
informed NNI that it does not oppose entry of the Revised Order. " <NNI Docket 
#5280>

No problem buying the rights (that is, after all, what a transfer is) but you 
also have to wait
for the approval before considering the deal "closed", just as in the Nortel 
case.

Consider if the buyer of the radio station could begin and continue 
broadcasting without regard to regulatory approval?
Does that make a listener un-hear a broadcast? Or would the incentives lead to 
lots of wildcat radio stations pending approval?

The safest move is to finalize the sale upon the approval; claiming that it is 
complete prior
to that point is rather innovative (and might even be considered fraud if done 
knowingly...)

FYI,
/John

John Curran
President and CEO
ARIN




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