Courts only have jurisdiction on their own countries. If a gorilla
organization were to go after ARIN with US attorneys then ARIN could
easily move to Sweden or some place like that where US law is
irrelevant. However I have yet to read any sort of cogent legal
argument under US law that would allow any company to exercise any
authority over ARIN on number resources that they do not have a signed
LRSA or RSA in place over. This straw man has been floated so many
times on this mailing list that even John Curran has given up responding
to it.
I will point out that there's a LOT of gorilla sized organizations like
Fortune 500 (and the US Government itself) that have a vested interest
in seeing ARIN in the US and functioning. They would quickly shut down
any attempt by an idiot to break things. What would happen is an
organization would file a lawsuit against ARIN in a US court and the
Justice Department as well as DoD would file a friend of the court brief
saying that any "win" by gorilla organization suing ARIN would result in
widespread instability on the Internet and threaten the smooth
functioning of it. For amusement they might even point out that the
court's primary communications mechanism would be threatened. IT would
be a case of 600 pound gorilla vs 6000 pound gorilla and the court would
likely order the parties to settle out of court if they didn't
immediately dismiss it as not under their jurisdiction.
This is what was done with the USL lawsuit that tied up the BSD kernel
files. USL thought exactly like you, Steven. But when their lawsuit
began to threaten the Open Source movement, USL was bought by another
gorilla sized org, Novell, that fired almost all the USL attorneys and
told the remaining ones to settle out of court or else. That removed
the cloud over FreeBSD and allowed it to become easily the most popular
OS for network servers. (until Linux later eclipsed it - but even today
the BSD network stack is hundreds of times faster than the Linux network
stack.)
There are plenty of other examples like this. The Fortune 500 by and
large are NOT interested in picking fights with quasi-government
institutions like ARIN and frequently pressure political organizations
and others behind the scenes to shut their pieholes and submit. Or they
starve the org of money and push off the lawsuit until the agitator runs
out of money and disappears.
I am aware it is a conservative dream that there's these huge wealthy
companies that hate any government and constantly undermine it. The
reality is precisely the opposite.
In my experience most conservative political theory anti-government
pushers are quite out of their element when it comes to dealing with and
understanding global organizations such as the many that are funded by
the UN. Continue dreaming but what you are hoping would come to pass is
simply not how the world works. Not today, at any rate (and hopefully,
NEVER)
Ted
On 8/8/2022 8:28 PM, Steven Ryerse wrote:
This thinking completely ignores that these gorilla sized organizations like
Fortune 500 companies have legions of attorneys that would bottle up any
attempt to enforce rescinding resources from legacy holders who have not signed
an agreement with ARIN. It doesn’t matter whether it’s fair however you want to
decide what fair is, it matters what would hold up in court.
Sent from my iPhone
On Aug 8, 2022, at 11:03 PM, Fernando Frediani <[email protected]> wrote:
On 08/08/2022 22:24, Jay Hennigan wrote:
<clip>
So no, you are NOT correct. It IS ARIN's business what you are doing
with your large legacy block.
If you haven't signed an LRSA, how is it any of ARIN's business what
you do with your legacy block?
It has been already explained here.
If community chooses to have a policy in that sense to deal with these
resources a signed contract or not is irrelevant.
Bottom line is it doesn't matter the reason, these blocks should not be
held idle just because someone decades ago received them. Addresses are
to connect people to the Internet, not to be help idle another decade
just because some organizations have some weird strategy to keep them
that way damaging the capacity to have more people connected.
By the way, it is common people don't like to have to any kind of
questions or to have to give any explanations, but for standard blocks
it is always of of ARIN or any RIR business how they blocks are used.
Blocks were once assigned and justified on a need basis and according to
certain rules. If these blocks are found to be used for proposes that
are contrary to those rules at the best scenario the resource holder has
to give enough explanations in order to keep them otherwise they may be
revoked.
Fernando
_______________________________________________
ARIN-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:
https://lists.arin.net/mailman/listinfo/arin-ppml
Please contact [email protected] if you experience any issues.
CAUTION: This email originated from outside the organization. Do not click
links or open attachments unless you recognize the sender and know the content
is safe.
_______________________________________________
ARIN-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:
https://lists.arin.net/mailman/listinfo/arin-ppml
Please contact [email protected] if you experience any issues.
_______________________________________________
ARIN-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:
https://lists.arin.net/mailman/listinfo/arin-ppml
Please contact [email protected] if you experience any issues.
