> > Well, I remember the Microsoft/Nortel sale of all-legacy addresses allocated to defunct entities being sold in a bankruptcy court with no mention of ARIN. > In a court where the judge found that Nortel had the exclusive right to transfer the addresses before bidding began.
Your recollection is a little off - the judge did not approve the proposed order with such a finding; it was when that was brought before the judge for consideration that ARIN was notified of the proposed order and as a result we filed with the court on the matter to the contrary. There was then an Amended Sale Agreement and Revised Order that were the result of negotiations between Microsoft, ARIN and NNI with appropriate language. (you can find this in NNI Bankruptcy Docket #5280) Thanks, /John My recollection is not off and my statement stands. The judge, after consulting with counsel for Nortel on the issue, issued a motion for the auction to commence in which he found that Nortel had the exclusive right to transfer the addresses. Otherwise he couldn't really sell them in bankruptcy court. There was nothing about ARIN in that motion, the only language involving ARIN came after you were finally notified of the auction and had 30 days to negotiate with Microsoft. You could have made a motion for standing with the judge and argued that Nortel did not have the right to transfer without your approval, and in that case you may have had the decision you say you want. Instead you negotiated with Microsoft to accept changes to the proposed sale agreement which provide the fig leaf of cover for ARIN to claim that this was an in-policy transfer. Care to address the single aggregate problem or the miraculous coincidence between Microsoft's need and Nortel's decades-prior acquisitions' needs? It sure is lucky Microsoft won the entire block, because the auction included bids for partial blocks. What would have happened if those needs didn't mesh so closely, I wonder? Regards, Mike _______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List ([email protected]). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
