North American Network Operators Group

Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical

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

  • From: Paul Wouters
  • Date: Tue Jun 29 04:41:51 2004

On Tue, 29 Jun 2004, Alex Rubenstein wrote:

> No. This is a clear situation where the customer has canceled his service
> with us in writing.

Ok, important point.
 
> b) In regards to your passage, "because the customer just appears to be
> another multi-homed customer of yours", this is a key point. The customer
> *WILL NOT* be a customer of NAC any longer once they physically leave. The
> key point here is that the customer has gotten a TRO, which allows them to
> take the IP address space that is allocated to NAC with them, and NOT HAVE
> ANY SERVICE FROM NAC. NAC WILL NOT BE ONE OF THE NETWORKS THAT THEY ARE
> MULTIHOMED TO.

This is ths real issue.

The restraining order forces you to deliver services to the (ex)customer.
Why? Because both the court and apparently the customer do not understand the
issue. So things like handing the IP space back to ARIN, assuming it was the
only customer on the /24 or you could renumber you other ones, would still be
a bad idea.

You can play a lot of technical games, but in general courts really dislike
technical games. They don't understand them, and consider it close to being
in contempt of the court.

So the best option you have left is put the ignorance's cost on the people 
who deserve it.
Invoice ex-customer an exorbitant amount of money to keep the
infrastructure he needs for his IP's to remain working, *within* your
facility.  Being under a restraining order doesn't mean you are not
entitled to be reimbursed of the costs of the result of such a restraining
order. Also, it is not your problem that he can't use his IPs once he
moves. He will need to pull a wire, and that happens to be very *very*
expensive with NAC, and even if he doesn't want to do business with NAC,
he can't use someone elses services. Send the bill. Ensure the payment
expires as soon as possible.

Then, even if you cannot disconenct the customer until a higher/sane court
looked at the matter, you are clearly showing good faith to the courts and
the customer, and might actually be awared those bills in a higher court.

And talk to the EFF (Cindy Cohn), they might have had similar cases or 
jurispudence that matches this case closely. You might also want to talk to
Robin Gros (former EFF, now IP-Justice) since she might have had similar
cases happening when she was working at the EFF herself.

And yes, I would also put the restraining order verbatim on a website and
solicit comments on it publicly.

Paul