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Re: [Fwd: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback?]

  • From: Michael.Dillon
  • Date: Fri Sep 08 07:35:56 2006

> I am looking for anyone who has input on possibly the largest case
> regarding internet numbering ever. This lawsuit may change the way
> IP's are governed and adminstered. Comments on or off list please.

My personal opinion is that this is yet another
example of ignorance leading to anger leading to
a stupid waste of court time. The case is filled with
incorrect statements of fact which ARIN can easily
demolish. But at the bottom line, these people are
complaining because ARIN didn't let them use some
IP addresses that were assigned to a different company.

Since IP addresses are basically available free from
any ISP who sells Internet access services, this seems
like a severe error in judgement on the part of the
plaintiff. A smart businessperson would have used the
free IP addresses to keep their business online even if
they did decide to dispute ARIN's decision.

But in the end, IP addresses are not property, therefore
they cannot be assets and cannot be transferred. They can
only be kept if they are in use on network assets which are
transferred and which continue to be operational. And even
then, most people have no choice as to which specific 
address block they use. They simply take what the ISP gives
them.

I personally suspect that ARIN will have this thrown out 
of court in fairly short order. Even if it did go much
further, the parallels with NANPA would see it fade away
quite quickly. 

This discussion really belongs on http://www.groklaw.net/
where I note it has not yet appeared. Perhaps another 
indication that this is a tempest in a teapot.

--Michael Dillon