North American Network Operators Group
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Re: (UPDATE) Can a Customer take their IP's with them? (Court says yes!)

  • From: Iljitsch van Beijnum
  • Date: Tue Jun 29 21:01:01 2004 
On 30-jun-04, at 1:47, Alex Rubenstein wrote:
What I AM looking for is a commentary from the internet community,
strictly relating to the fact that a judge has issued a TRO that forces an
ISP (NAC) to allow a third-party, who WILL NOT be a Customer of NAC, to be
able to use IP Space allocated to NAC. In other words, I am asking people
to if they agree with my position, lawsuit or not, that non-portable IP's
should not be portable between parties, especially by a state superior
court ordered TRO.
I think we all agree that without aggregation, there'd be no internet. We can also all agree that the state of aggregation isn't quite as good as it could be. So apparently there is some wiggle room between theory and practice.

But aren't we jumping the gun by reacting to a temporary restraining order? I'm not a lawyer and I don't play one on tv, but the way I understand it is that those are issued in order to make certain that the verdict won't be moot because the damage is already done. So a TRO doesn't have any bearing on the merits of the case. And even if the court orders that the addresses must be portable, there may be reasons why this is appropriate in this specific case rather than that the court takes the position that all address space should be portable.