[ncc-services-wg] Update of RIPE NCC Procedural Document : Closure Procedure

2023-11-06 Thread Kevin Brennan
Dear colleagues, 

The RIPE NCC Procedural document 'Closure of Members, Deregistration of 
Internet Resources and Legacy Resources' has been reviewed and updated. 

The following is an overview of the amendment made.

Section A.1.2.2. (e) Termination with Immediate Effect was amended through 
deletion of the wording which required official postal notification, alongside 
the official notification by email, for termination of the RIPE NCC Standard 
Service Agreement (SSA) in the case of non-payment of the annual contribution 
(service fee) after a period of 120 days from the date of invoice. 

The main reason for this change is that the final notification of termination 
of the SSA by post is superfluous in the case of termination of the SSA due to 
non-payment as the member has already received numerous periodic notifications 
over the course of 120 days and the cause for termination in these instances 
cannot, in any event, be refuted. Further, termination due to non-payment is 
the most frequent cause for termination of the SSA and therefore removing the 
postal notification requirement will reduce the RIPE NCC's administrative 
burden and associated costs. 

Thus, in future cases whereby a member’s SSA is terminated due to non-payment 
the member will receive official notification by email only to their registered 
contacts. 

You can find the updated documents at: 
https://www.ripe.net/publications/docs/ripe-808

Kind regards, 

Kevin Brennan 
Legal Counsel 
RIPE NCC-- 

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Re: [ncc-services-wg] Update of RIPE NCC Procedural Document and Transfer Agreement Template

2023-05-21 Thread Max Tulyev
Dear Olena,

yes, the case of one of mine companies is one of them. I will publish all 
details about this later, with all papers, court audio records, etc.
The law that enable ukrainian telecom regulator to make that decision against 
the company was adopted three months later after the decision was made. And it 
is ok for the court. As well as the regulator representative told the judge the 
decision was made because of my position against the censorship before the war, 
i.e. it was just the political reprisal.
But why me, take a look on the Wikipedia: 
https://en.wikipedia.org/wiki/Judiciary_of_Ukraine

And now *YOU* are going to represent that system in the RIPE NCC executive 
board. Good luck!

On Sun, 21 May 2023 15:57:35 +0200
Олена Кушнір  wrote:

> Dear All/Max
> 
> I hope this email finds you well. I am writing to address the concerns you 
> raised regarding the subjective assessment of Ukraine's legal field and its 
> impact on our collective goal of protecting the IP resources of our members. 
> It is essential to foster an environment where open dialogue and constructive 
> engagement can lead to positive outcomes for all parties involved.
> 
> I sincerely regret that you had a negative experience in the legal field of 
> Ukraine. But subjective evaluations from someone whose company netassist was 
> deprived its  license due to violations with current legislation cannot be 
> true enough. Compliance with legal requirements is actually very important in 
> a civilized country and it is in the interest of our community to ensure that 
> these all rules are followed.
> 
> In line with our commitment to protecting IP resources, we must remain 
> vigilant and proactive. It is our shared responsibility to safeguard the 
> integrity and security of these resources, and we must do everything within 
> our power to uphold this objective.
> 
> 
> Thank you for your attention to this issue.
> 
> 
> Best regards,
> Olena Kushnir
> WEB PRO LLC
> 
> 
> > 20 трав. 2023 р. о 16:01 Max Tulyev  пише:
> > 
> > On Sat, 20 May 2023 11:43:19 +0200
> > Олена Кушнір  wrote:
> > 
> >> Good day, All/Max
> >> There is no need for fairy tales about 5 thousand euros for a court 
> >> decision. 
> > 
> > That is not a fairy tale, I said also "or just for free, if you have enough 
> > political resource", like in your master's case.
> > 
> >> I am categorically against this proposal 2.2, because in this case, those 
> >> from whom the IP resources were stolen will NEVER GET THEM BACK. And what 
> >> then is justice?
> > 
> > But yes, you are right. In the case resource was stealed, it should be 
> > returned back to the legal owner. The question is how to figure out it was 
> > stealed and it is not a seller's fraud. Any ideas?
> > 
> > -- 
> > Max Tulyev 
> > 
> > -- 
> > 
> > To unsubscribe from this mailing list, get a password reminder, or change 
> > your subscription options, please visit: 
> > https://lists.ripe.net/mailman/listinfo/ncc-services-wg
> 


-- 
Max Tulyev 

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Re: [ncc-services-wg] Update of RIPE NCC Procedural Document and Transfer Agreement Template

2023-05-21 Thread Олена Кушнір
Dear All/Max

I hope this email finds you well. I am writing to address the concerns you 
raised regarding the subjective assessment of Ukraine's legal field and its 
impact on our collective goal of protecting the IP resources of our members. It 
is essential to foster an environment where open dialogue and constructive 
engagement can lead to positive outcomes for all parties involved.

I sincerely regret that you had a negative experience in the legal field of 
Ukraine. But subjective evaluations from someone whose company netassist was 
deprived its  license due to violations with current legislation cannot be true 
enough. Compliance with legal requirements is actually very important in a 
civilized country and it is in the interest of our community to ensure that 
these all rules are followed.

In line with our commitment to protecting IP resources, we must remain vigilant 
and proactive. It is our shared responsibility to safeguard the integrity and 
security of these resources, and we must do everything within our power to 
uphold this objective.


Thank you for your attention to this issue.


Best regards,
Olena Kushnir
WEB PRO LLC


> 20 трав. 2023 р. о 16:01 Max Tulyev  пише:
> 
> On Sat, 20 May 2023 11:43:19 +0200
> Олена Кушнір  wrote:
> 
>> Good day, All/Max
>> There is no need for fairy tales about 5 thousand euros for a court 
>> decision. 
> 
> That is not a fairy tale, I said also "or just for free, if you have enough 
> political resource", like in your master's case.
> 
>> I am categorically against this proposal 2.2, because in this case, those 
>> from whom the IP resources were stolen will NEVER GET THEM BACK. And what 
>> then is justice?
> 
> But yes, you are right. In the case resource was stealed, it should be 
> returned back to the legal owner. The question is how to figure out it was 
> stealed and it is not a seller's fraud. Any ideas?
> 
> -- 
> Max Tulyev 
> 
> -- 
> 
> To unsubscribe from this mailing list, get a password reminder, or change 
> your subscription options, please visit: 
> https://lists.ripe.net/mailman/listinfo/ncc-services-wg

-- 

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Re: [ncc-services-wg] Update of RIPE NCC Procedural Document and Transfer Agreement Template

2023-05-20 Thread Max Tulyev
On Sat, 20 May 2023 11:43:19 +0200
Олена Кушнір  wrote:

> Good day, All/Max
> There is no need for fairy tales about 5 thousand euros for a court decision. 

That is not a fairy tale, I said also "or just for free, if you have enough 
political resource", like in your master's case.
 
> I am categorically against this proposal 2.2, because in this case, those 
> from whom the IP resources were stolen will NEVER GET THEM BACK. And what 
> then is justice?

But yes, you are right. In the case resource was stealed, it should be returned 
back to the legal owner. The question is how to figure out it was stealed and 
it is not a seller's fraud. Any ideas?

-- 
Max Tulyev 

-- 

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Re: [ncc-services-wg] Update of RIPE NCC Procedural Document and Transfer Agreement Template

2023-05-19 Thread Max Tulyev
Hi All,

As you know, the real price of the IPv4 is high. The cost of even smallest 
transfer not less than 10k EUR, larger nets can easy cost millions.

I'm afraid this paragraph will open the way for a big fraud. Not all countries 
which RIPE NCC members are from has the fair court system. For example, in 
Ukraine to buy any court decision costs as low as 5k EUR, or just for free if 
you have enough political power. I believe some countries are even cheaper. In 
comparsion with hundreds of thousands EUR the transfer agreement - it is almost 
nothing. And of course, buyers can't return their money in this case.

I propose to change the paragraph this way:
"2.2 In the event that this Transfer Agreement is nullified or deemed invalid 
due to violation of laws described in Article 2.1, the transfer of registration 
of Internet Number Resources shall be considered void and the Internet Number 
Resources shall be returned to the RIPE free pool."

This will eliminate the base for fraud, as after the court decision the network 
will not be returned to the Offering Party.

On Tue, 16 May 2023 09:53:13 +0200
Kevin Brennan  wrote:
> 2.2 In the event that this Transfer Agreement is nullified or deemed invalid 
> due to violation of laws described in Article 2.1, the transfer of 
> registration of Internet Number Resources shall be reverted and the Internet 
> Number Resources shall be returned to the Offering Party”.

-- 
Max Tulyev 

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[ncc-services-wg] Update of RIPE NCC Procedural Document and Transfer Agreement Template

2023-05-16 Thread Kevin Brennan
Dear colleagues,
 
The RIPE NCC Procedural document 'Closure of Members, Deregistration of 
Internet Resources and Legacy Resources' has been reviewed and updated. The 
following is an overview of the amendments made.
 
Section A.1.2.1 (c) Incorrect registration in the RIPE Database was amended 
through the deletion of the following wording:
 
“The inetnum and the inet6num object(s) for approved assignments must use the 
netname(s) approved by the RIPE NCC and not be larger than the size approved by 
the RIPE NCC”

The reason for this change is that the RIPE NCC no longer approves assignments 
or netnames in this regard. Deletion of this wording under the abovementioned 
section therefore aligns current practices with the procedure outlined in 
‘Closure of Members, Deregistration of Internet Resources and Legacy Resources’.
 
Section B 1. (c) Deregistration of Internet Number Resources was amended for 
the same reason, with the same wording being deleted under this section as 
outlined above.
 
Section B.1. (b) Deregistration of Internet Number Resources was further 
amended in order to correctly reflect current RIPE policy with regards to the 
needs-based approach for RIPE NCC-assigned resources. Resources are no longer 
allocated for a specific need. However, the RIPE NCC may assign resources to 
members/End Users for a specific need. Slight changes were made to the wording 
under this section to remove reference to historical RIPE policy provisions and 
to align it with current RIPE policy.
 
Secondly, the RIPE NCC Transfer Agreement Template has been reviewed and 
updated. The following articles have been added:

“2.1 The terms and conditions of this Transfer Agreement do not violate any 
existing laws applicable to the Offering Party or to the Receiving Party.

2.2 In the event that this Transfer Agreement is nullified or deemed invalid 
due to violation of laws described in Article 2.1, the transfer of registration 
of Internet Number Resources shall be reverted and the Internet Number 
Resources shall be returned to the Offering Party”.

In light of a request for transfer of Internet Number Resources, the RIPE NCC 
was made aware of a law prohibitingcertain transactions between Ukrainian and 
Russian entities.

Considering that different national laws might be applicable to the parties 
signing a transfer agreement, these articles were added in order for the RIPE 
NCC to have the parties’ confirmation that the Transfer Agreement does not 
violate any of the laws applicable to them, and their agreement that, in the 
event that the Transfer Agreement is nullified or deemed invalid due to 
violation of such laws, the transfer will be reverted and the Internet Number 
Resources will be returned to the Offering Party. 

Members are advised to use the updated Transfer Agreement template (v6.0) from 
the date of this announcement onwards.

You can find the updated documents at:
https://www.ripe.net/publications/docs/ripe-798
https://www.ripe.net/manage-ips-and-asns/resource-transfers-and-mergers/transfer-of-ip-addresses-and-as-numbers/transfer-agreement-template
  

Kind regards,
 
Kevin Brennan
Legal Counsel
RIPE NCC
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[ncc-services-wg] Update of RIPE NCC Procedural Document

2019-04-01 Thread Maria Stafyla
Dear Colleagues,

The RIPE NCC Procedural document 'Closure of Members, Deregistration of
Internet Resources and Legacy Resources' has recently been reviewed and
updated. The following is an overview of the amendments made.

Section A.1.1 was amended to include situations where both the Member
and the RIPE NCC agree to terminate the SSA before the usual three month
period has passed. Other changes were made to avoid duplication of
information.

Section B.2 was updated to specify certain conditions under which a
three month timeframe for deregistration of either Member or End User
resources would be unreasonable.

The wording in Section B.2.1 was amended to clarify that during the
deregistration process the Member is not allowed to make new
announcements using the resources to be deregistered, and that the RIPE
NCC will update the maintainer on all the Member's resource objects -
not just on the inetnum object.

Section B.2.2 was amended to bring about alignment of the procedures for
the deregistration of End User and Member resources and to clarify that
if an End User does not have a sponsoring LIR when the deregistration
procedure is initiated, they must first establish a contractual
relationship with one before they can object to that procedure.

Other amendments were carried out to align the wording of specific
sections with the wording used in the rest of the document, the RIPE NCC
Standard Service Agreement (Sections A.1.2.2.g and B.1.d), and other
RIPE NCC procedural documents (Section A.1.1). Similarly, changes were
made to reflect changes in the RIPE Database (both operational and
structural) and in RIPE Policy requirements (Sections A.1.2.1.1.c and
B.1.c).

Please see here the relevant link:
https://www.ripe.net/publications/docs/ripe-716/    

Kind regards,

Maria Stafyla
Legal Counsel
RIPE NCC


[ncc-services-wg] Update of RIPE NCC Procedural Document

2018-02-08 Thread Athina Fragkouli
Dear colleagues,

The RIPE NCC Procedural document, “Closure of Members, Deregistration of
Internet Resources, and Legacy Resources” has recently been reviewed and
updated.

The document has been updated to ensure it is consistent with changes to
the Articles of Association (AoA) that were approved by the RIPE NCC
General Meeting (GM) in October 2017.

The changes to the procedural document specify that once we have begun
the closure procedure for a member, and RIPE NCC services have been
suspended, the membership will also be suspended.

More information is available in the GM supporting documents here:
https://www.ripe.net/participate/meetings/gm/meetings/october-2017/updated-ripe-ncc-articles-of-association.pdf

Please see here the updated document here:
https://www.ripe.net/publications/docs/ripe-697/

Kind regards,

Athina Fragkouli
Head of Legal
RIPE NCC