On 23 Jun 2019, at 5:57 AM, Mueller, Milton L <[email protected]<mailto:[email protected]>> wrote: ... With enough effort, we’re likely to achieve the same outcome in the end, but it is readily apparent to be that becoming a party with a strong financial incentive in this manner will raise the cost and uncertainty of our legal proceedings.
MM: And this conclusion is based on what facts? If ARIN’s policies directed that we would monetize the recovered resources (even if then using the proceeds for the benefit of the community), I am confident that we would be still be in litigation over the particular fraud referenced above. MM: This is pure speculation. You have no basis for this claim. Here is my response: If ARIN’s policies directed that we would auction the recovered resources I am confident that the particular fraud referenced above would _never have happened in the first place_, and the outcome of any litigation would not have been affected. (We can trade “I am confident that…” claims all day) Milton - You are correct that the issuance of number resources from the waiting list was (in the aforementioned case) required for the fraud to occurred, and therefore "If ARIN’s policies directed that we would auction the recovered resources I am confident that the particular fraud referenced above would _never have happened in the first place_, and the outcome of any litigation would not have been affected." However, there are other situations (failure to pay fees, fraudulent transfers, bankruptcy disputes) where ARIN could still find itself in litigation – i.e. those unrelated to disputes over resources issued via the waiting list. As for legal impact of ARIN becoming a significant financial beneficiary, you are again correct: it is not possible to know conclusively what the outcome would have have been if the litigation result was of great financial benefit to ARIN. However, as the person who was directing our litigation efforts, I am quite confident it would have been more difficult to achieve a successful outcome and our legal counsel noted the same in the legal review of the draft policy. You might not like or concur with that assessment, but I’ll respectfully note that ARIN’s relies on the legal advice of those it has retained for that purpose, rather than looking to Internet mailing lists for legal guidance. Thanks, /John John Curran President and CEO American Registry for Internet Numbers
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