North American Network Operators Group|
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Re: Can a customer take IP's with them?
On Jun 23, 2004, at 1:11 PM, Chris Ranch wrote:
I disagree. ICANN has legal standing as the "owner" of all IP space. If NAC wrote a contract that said "we'll sell you this /16 for $100K", it would not be valid. At least I hope it is not, or the whole Internet is in deep d00 d00. (The again, we probably already are. :)A court will likely decide this based upon the terms of your contract and what the court thinks is fair. They will likely give very little consideration to common practice or ARIN's rules.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.
ARIN owns the IP space, and ARIN says the customer 1) Cannot take PA space with them, and 2) Must renumber into the PI space they were given. It sure would be nice if the NAC contract said "you can't take IP space with you", but I really do not think it is necessary.
Also, since NAC is paying ARIN for that space, I am not sure why this would not constitute theft. If I lease a parking lot and give you a space when you rent an apartment from me, you cannot get a TRO to use the parking space after you stop renting the apartment from me.