North American Network Operators Group

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RE: Can a customer take IP's with them?

  • From: Andy Dills
  • Date: Wed Jun 23 13:36:42 2004

On Wed, 23 Jun 2004, Chris Ranch wrote:

> That's the crux of the biscuit.  Your case depends on whether you
> provided for this in your contract with the customer.  If its missing,
> you have a big challenge on your hands.  No RFC or ARIN policy is a
> binding legal document.  If its there, your chances are much better.

So that contract I signed with ARIN isn't binding?

http://www.arin.net/library/agreements/rsa.pdf

"8. REVIEW OF APPLICANTS NUMBERING RESOURCES. ARIN may review, at any
time, Applicants use of the previously allocated numbering resources or
other Services to determine if Applicant is complying with this Agreement,
the Policies, and using the Services for their intended purposes. Without
limiting the foregoing, if Applicant is an Internet Service Provider,
Applicant agrees that it will use the numbering resources solely for uses
consistent with its application, including, for example, its internal
infrastructure or to provide Internet access to its customer base. If ARIN
determines that the numbering resources or any other Services are not
being used in compliance with this Agreement, the Policies, or for
purposes for which they are intended, ARIN may: (i) revoke the numbering
resources, (ii) cease providing the Services to Applicant, or (iii)
terminate this Agreement."

And of utmost importance:

"9. NO PROPERTY RIGHTS. Applicant acknowledges and agrees that the
numbering resources are not property (real, personal or intellectual) and
that Applicant shall not acquire any property rights in or to any
numbering resources by virtue of this Agreement or otherwise.  Applicant
further agrees that it will not attempt, directly or indirectly, to obtain
or assert any trademark, service mark, copyright or any other form of
property rights in any numbering resources in the United States or any
other country."


Seems pretty clear to me.

Andy

---
Andy Dills
Xecunet, Inc.
www.xecu.net
301-682-9972
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