El 2/5/19 17:36, "ARIN-PPML en nombre de William Herrin" 
<[email protected] en nombre de [email protected]> escribió:

 

On Wed, May 1, 2019 at 11:50 PM Fernando Frediani <[email protected]> wrote:

Why people always believe they "own" IP address space and nobody can 
take it from them as if it was a router or a server purchased with a 
invoice and declared in their annual balance ?

 

Several reasons.

 

1. Revocation of a properly registered address space has never happened before, 
at least not in North America. The few times any sort of revocation 

 

It will be nice to know that with real information from the ARIN staff.

 

I’ve confirmed with RIPE and LACNIC staff that there have been cases.

 

has happened is when there was provable fraud in the -original- application, 
ownership was claimed by someone who was provably acting without the 
authorization of the original registrant, or periodic registratino fees 
consented to under written contract with ARIN were not paid for an extended 
period of time. Over ARIN's existence there have been plenty of opportunities 
for ARIN to revoke addresses for other bad behaviors including violations of 
the policy manual. They have always declined to do so.

 

If this is the case, it is quite alarming. I fully agree to give opportunities, 
but up to a certain point.

 

The legal Doctrine of Laches more or less says that a right not enforced is a 
right you do not have, regardless of writings to the contrary. ARIN has never 
enforced a claim incompatible with the registrants' ownership of their IP 
addresses.

 

2. Prior to 1997, the documents associated with registration neither expressed 
nor implied any right for the registry to revoke a registration for any reason. 

 

3. If it quacks like a duck, it's a duck. The registrant has exclusive control 
of the block of the number resource to the extent that use by anyone else on 
the Internet is universally held to be abusive. They can be sold or rented 
without permission or attachment and bought with minimal registration paperwork 
(or none if you're willing to operate on a contract with the averred registrant 
rather than updating the registration). Addresses are used in a manner that 
closely aligns with the common law understanding of an intellectual property. 
For a court to find otherwise, a litigant would have to affirmatively prove 
that this thing which quacks like a duck is in fact a zebra. This has not been 
done and there is reason to believe it is not doable.

 

I think having an *explicit policy text* will help to victims to claim in 
courts, not just to avoid that happening, but for possible damages when it 
happened already.

 

That's why folks like me believe we own our IP addresses.

 

Which I don’t agree, is a use-right, while you follow the rules, that’s why I 
think they should be clearer.

 

Regards,

Bill Herrin

 

 

-- 

William Herrin ................ [email protected]  [email protected]
Dirtside Systems ......... Web: <http://www.dirtside.com/>

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