If you are one of those who want to open full doors for no rules and allowing leasing with no much consideration than it may make sense to you to remove size restriction, but it doesn't make sense according to the problem statement and mainly how this benefit the affected community. This propose should be aimed for smaller organizations to start with and for facilitate IPv6 deployment, otherwise it has not merit, it would be just a a disguised way to allow leasing calling a different naming and with no much consideration and dismissing what such bad change means for the community. Overall proposals text should be in line with their main objectives, even despite what authors may have said later to please one or another in order to reach consensus.

Fernando

On 05/08/2024 21:34, Christopher Hawker wrote:

Hello Fernando,

In Jordi's post to the list (https://orbit.apnic.net/hyperkitty/list/[email protected]/thread/M74ATB4VMTO6SZTIXO5P3WEV5ZH2X647/ <../M74ATB4VMTO6SZTIXO5P3WEV5ZH2X647/>) he identified that one of the main objections was regarding the linkage of temporary transfers to IPv6. As the proposal is no longer linked to IPv6 usage/deployment, it makes no sense to leave this restriction in place. APNIC would not be privy to any commercial terms between the source and destination members of the temporary transfer and as such whilst we may believe it to be "leasing" there is no way for us to know this may be the case.

Regarding your last paragraph on APNIC not being a party to a temporary transfer agreement, the Secretariat is not a tool for members to use when an agreement between two members is not adhered to. Anyone can form an opinion on any topic for any reason or no reason, however, a court of a competent jurisdiction in one economy cannot compel a third-party entity registered in another to do or not do something. An example of this would be if the source member in Malaysia established a temporary transfer to an entity in Thailand and the Thai member refused to implement MANRS Best Practices, the Malaysian courts could not compel APNIC in Australia to reverse the transfer. As a result, writing into policy conditions that members must include in their commercial temporary transfer agreements is redundant as APNIC cannot enforce them.

How do you suggest this policy proposal could be worded to address your concerns?

Regards,
Christopher Hawker


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