Hi Jordi:

Who define those legal rights?

Who said it is not a property?



On Sat, 2 Sep 2023 at 17:55 jordi.palet--- via SIG-policy <
[email protected]> wrote:

> Really ugly and unfortunate that you compare those things, and I guess
> against code of conduct.
>
> I just can insist that you can’t sell something that is not a property.
> You have the usage rights. You can own a house or have the right to use it
> (rental), and the right to use it may allow you to transfer that right to
> another person or not. So not the same reselling that transferring
> addresses, is not just a matter of wording, but about the real meaning of
> those words, from a legal perspective.
>
> Regards,
> Jordi
>
> @jordipalet
>
>
> El 2 sept 2023, a las 11:43, Lu Heng <[email protected]> escribió:
>
> Hi Jordi:
>
> Tell me the difference between reselling and transferring?
>
> Does it equal to the 500 USD someone paid to the girl he met last night?
> Of course it’s not prostitution, just little goodwill.
>
> Nominally a transfer involve that 500USD I just mentioned.
>
>
>
> On Sat, 2 Sep 2023 at 17:39 jordi.palet--- via SIG-policy <
> [email protected]> wrote:
>
>> It is true that RIPE is too liberal, but not so to allow reselling
>> addresses, because those aren’t a property. You can transfer them. That’s
>> it.
>>
>> Regards,
>> Jordi
>>
>> @jordipalet
>>
>>
>> El 30 ago 2023, a las 10:40, Lu Heng <[email protected]> escribió:
>>
>> Hi Jordi:
>>
>> That must be a long time ago.
>>
>> RIPE's current policy is you ask you get, no need to provide a reason.
>>
>> Of course that means you can get IP for leasing, you can even get IP for
>> resale.
>>
>> On Wed, 30 Aug 2023 at 16:32, jordi.palet--- via SIG-policy <
>> [email protected]> wrote:
>>
>>> Hi Mike,
>>>
>>> There is no inaccuracy on the RIPE point. Long time ago I made the
>>> question to RIPE staff and a justification on an original request for IP
>>> resources for leasing will not have been accepted as a valid one. Not
>>> talking about transfers here, just original justification of the need.
>>>
>>> Working in a new version following all the inputs. Tks!
>>>
>>> Regards,
>>> Jordi
>>>
>>> @jordipalet
>>>
>>>
>>> El 22 ago 2023, a las 16:19, Mike Burns <[email protected]> escribió:
>>>
>>> Hello,
>>>
>>> The revised Section 3 contains the same inaccuracy that I have pointed
>>> out before in other fora to the authors.
>>> Notably the situation described in RIPE below is false.
>>> RIPE only applies needs-tests to inbound inter-regional  transfers, and
>>> in this case leasing them out is a justified use.
>>> If you don’t accept my assertion, I invite you to contact RIPE directly.
>>>
>>> Can the authors provide a succinct problem statement that states the
>>> problem we are trying to solve?
>>> The one I can see is the claim that there is an existing “security
>>> problem” on the Internet related directly to blocks being used outside the
>>> registrant’s “immediate physical control.”
>>> Maybe the proposal would be easier to understand if it was simplified to
>>> something like “Addresses may only be utilized by networks that the
>>> registrant has immediate physical control of.”?
>>> Because then it would be easier to block and filter content, making it
>>> safer for the community?
>>>
>>> Regards,
>>> Mike Burns
>>>
>>>
>>>
>>> *From:* Srinivas (Sunny) Chendi <[email protected]>
>>> *Sent:* Monday, August 21, 2023 7:30 PM
>>> *To:* [email protected]
>>> *Subject:* [sig-policy] Re: New version: prop-148 Clarification -
>>> Leasing of Resources is not Acceptable
>>>
>>>
>>> ---------------------------------------------------------------
>>>
>>> Secretariat Impact Assessment: prop-148-v004
>>>
>>> ----------------------------------------------------------------
>>>
>>> APNIC notes that this proposal suggests explicitly stating in the
>>> APNIC Internet Number Resources policy document that leasing of
>>> addresses is not permitted in the APNIC region.
>>>
>>> Questions/Comments:
>>> -------------------
>>> - Can the authors provide a clear definition of what is considered
>>> 'leasing'?
>>>
>>> - How do the authors propose APNIC verifies that IP addresses are
>>> being leased and how often do they suggest APNIC should be checking?
>>>
>>> - Does this proposal apply to all existing delegations or only those
>>> addresses delegated after the proposal is implemented (if it reaches
>>> consensus)?
>>>
>>> - How does this proposal apply to account holders who have previously
>>> received delegations and use the IP addresses under different entities
>>> (for example, subsidiaries using them in different locations)?
>>>
>>> Implementation:
>>> ---------------
>>> This proposal may require changes to APNIC systems. If this proposal
>>> reaches consensus, implementation may be completed within three months.
>>>
>>> Regards,
>>> Sunny
>>>
>>> On 5/08/2023 2:59 am, Shaila Sharmin wrote:
>>>
>>> Dear SIG members,
>>>
>>> A new version of the proposal "prop-148-v004: Clarification - Leasing
>>> of Resources is not Acceptable" has been sent to the Policy SIG for review.
>>>
>>> Information about earlier versions is available from:
>>>
>>> http://www.apnic.net/policy/proposals/prop-148
>>>
>>> You are encouraged to express your views on the proposal:
>>>
>>>   - Do you support or oppose the proposal?
>>>   - Is there anything in the proposal that is not clear?
>>>   - What changes could be made to this proposal to make it more
>>> effective?
>>>
>>> Please find the text of the proposal below.
>>>
>>> Regards,
>>> Bertrand, Shaila, and Anupam
>>> APNIC Policy SIG Chairs
>>>
>>>
>>> -----------------------------------------------------------------------
>>>
>>> prop-148-v004: Clarification - Leasing of Resources is not Acceptable
>>>
>>> ----------------------------------------------------------------------
>>>
>>> Proposer: Jordi Palet Martinez ([email protected])
>>>            Amrita Choudhury ([email protected])
>>>            Fernando Frediani ([email protected])
>>>
>>>
>>> 1. Problem statement
>>> --------------------
>>> RIRs have been conceived to manage, allocate and assign resources
>>> according to need, in such way that a LIR/ISP has addresses to be able
>>> to directly connect its customers based on justified need. Addresses are
>>> not, therefore, a property with which to trade or do business.
>>>
>>> When the justification of the need disappears or changes, for whatever
>>> reasons, the expected thing would be to return said addresses to the
>>> RIR, otherwise according to Section 4.1. (“The original basis of the
>>> delegation remains valid”) and 4.1.2. (“Made for a specific purpose that
>>> no longer exists, or based on information that is later found to be
>>> false or incomplete”) of the policy manual, APNIC is not enforced to
>>> renew the license. An alternative is to transfer these resources using
>>> the appropriate transfer policy.
>>>
>>> If the leasing of addresses is authorized, contrary to the original
>>> spirit of the policies and the very existence of the RIRs, the link
>>> between connectivity and addresses disappears, which also poses security
>>> problems, since, in the absence of connectivity, the resource holder who
>>> has received the license to use the addresses does not have immediate
>>> physical control to manage/filter them, which can cause damage to the
>>> entire community.
>>>
>>> Therefore, it should be made explicit in the Policies that the Internet
>>> Resources should not be leased “per se”, but only as part of a
>>> connectivity service, as it was documented with the original need
>>> justification.
>>>
>>> The existing policies of APNIC are not explicit about that, however
>>> current policies do not regard the leasing of addresses as acceptable,
>>> if they are not an integral part of a connectivity service.
>>> Specifically, the justification of the need would not be valid for those
>>> blocks of addresses whose purpose is not to directly connect customers
>>> of an LIR/ISP, and consequently the renewal of the annual license for
>>> the use of the addresses would not be valid either. Sections 3.2.6.
>>> (Address ownership), 3.2.7. (Address stockpiling) and 3.2.8.
>>> (Reservations not supported) of the policy manual, are keys on this
>>> issue, but an explicit clarification is required.
>>>
>>> 2. Objective of policy change
>>> -----------------------------
>>> Despite the fact that the intention in this regard underlies the entire
>>> Policy Manual text and is thus applied to justify the need for
>>> resources, this proposal makes this aspect explicit by adding the
>>> appropriate clarifying text.
>>>
>>>
>>> 3. Situation in other regions
>>> -----------------------------
>>> In other RIRs, the leasing of addresses is not authorized either and
>>> since it is not explicit in their policy manuals either, this proposal
>>> will be presented as well.
>>>
>>> Nothing is currently mentioned in RIPE about this and it is not
>>> acceptable as a justification of the need. In AFRINIC and LACNIC, the
>>> staff has confirmed that address leasing is not considered as valid for
>>> the justification. In ARIN it is not considered valid as justification
>>> of need.
>>>
>>> A similar proposal is under discussion in LACNIC and ARIN.
>>>
>>>
>>> 4. Proposed policy solution
>>> ---------------------------
>>> 5.8. Leasing of Internet Number Resources
>>>
>>> In the case of Internet number resources delegated by APNIC or a NIR,
>>> the justification of the need implies the need to use on their own
>>> infrastructure and/or network connectivity services provided to
>>> customers. As a result, any form of IP address leasing is unacceptable,
>>> nor does it justify the need, unless otherwise justified in the original
>>> request. Even for networks that are not connected to the Internet,
>>> leasing of IP addresses is not permitted, because such sites can request
>>> direct assignments from APNIC or the relevant NIR and, in the case of
>>> IPv4, use private addresses or arrange market transfers.
>>>
>>> APNIC should proactively investigate those cases and also initiate the
>>> investigation in case of reports by means of a form, email address or
>>> other means developed by APNIC.
>>>
>>> If any form of leasing, regardless of when the delegation has been
>>> issued, is confirmed by an APNIC investigation, it will be considered a
>>> policy violation and revocation may apply against any account holders
>>> who are leasing or using them for any purposes not specified in the
>>> initial request.
>>>
>>>
>>> 5. Advantages / Disadvantages
>>> -----------------------------
>>> Advantages:
>>> Fulfilling the objective above indicated and making the policy clear.
>>>
>>> Disadvantages:
>>> None.
>>>
>>>
>>> 6. Impact on resource holders
>>> -----------------------------
>>> None.
>>>
>>>
>>> 7. References
>>> -------------
>>> https://www.arin.net/participate/policy/proposals/2022/ARIN_prop_308_v2/
>>> https://politicas.lacnic.net/politicas/detail/id/LAC-2022-2/language/en
>>> --
>>> Regards,
>>> Shaila Sharmin
>>> +8801811447396
>>>
>>>
>>> _______________________________________________
>>>
>>> SIG-policy - https://mailman.apnic.net/[email protected]/
>>>
>>> To unsubscribe send an email to [email protected]
>>>
>>> _______________________________________________
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>>>
>>>
>>> **********************************************
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>>
>>
>>
>> --
>> --
>> Kind regards.
>> Lu
>>
>>
>>
>> **********************************************
>> IPv4 is over
>> Are you ready for the new Internet ?
>> http://www.theipv6company.com
>> The IPv6 Company
>>
>> This electronic message contains information which may be privileged or
>> confidential. The information is intended to be for the exclusive use of
>> the individual(s) named above and further non-explicilty authorized
>> disclosure, copying, distribution or use of the contents of this
>> information, even if partially, including attached files, is strictly
>> prohibited and will be considered a criminal offense. If you are not the
>> intended recipient be aware that any disclosure, copying, distribution or
>> use of the contents of this information, even if partially, including
>> attached files, is strictly prohibited, will be considered a criminal
>> offense, so you must reply to the original sender to inform about this
>> communication and delete it.
>>
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>> SIG-policy - https://mailman.apnic.net/[email protected]/
>> To unsubscribe send an email to [email protected]
>
>
>
> **********************************************
> IPv4 is over
> Are you ready for the new Internet ?
> http://www.theipv6company.com
> The IPv6 Company
>
> This electronic message contains information which may be privileged or
> confidential. The information is intended to be for the exclusive use of
> the individual(s) named above and further non-explicilty authorized
> disclosure, copying, distribution or use of the contents of this
> information, even if partially, including attached files, is strictly
> prohibited and will be considered a criminal offense. If you are not the
> intended recipient be aware that any disclosure, copying, distribution or
> use of the contents of this information, even if partially, including
> attached files, is strictly prohibited, will be considered a criminal
> offense, so you must reply to the original sender to inform about this
> communication and delete it.
>
> _______________________________________________
> SIG-policy - https://mailman.apnic.net/[email protected]/
> To unsubscribe send an email to [email protected]
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