nanog mailing list archives
Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback?
From: joe mcguckin <joe () via net>
Date: Fri, 8 Sep 2006 12:38:36 -0700
Mark, A more 'correct' analogy would be as follows:Let's say you win a judgement against another party where the court essentially awards you all the assets of the defendant. One of the assets is a paging company. So, you hike down to the FCC and want the radio licenses for the business re-registered in your name, you present a valid court order to show that the court has awarded you title to the assets. In fact, you present a court order specifically ordering the FCC to re- register the licensed spectrum to you.
How can the FCC refuse? Any court with proper jurisdiction certainly has the ability to assess damages and specify remedies for those damages. A station license or spectrum - even though is not actual ownership, but a lease or license - is an asset and routinely are sold
for millions, even billions of dollars. More to the point, how can ARIN refuse such an order? Joe McGuckin ViaNet Communications joe () via net 650-207-0372 cell 650-213-1302 office 650-969-2124 fax On Sep 8, 2006, at 11:57 AM, Mark Kent wrote:
Joe McGuckin typed:2) Why does ARIN believe that it can ignore a court order?Maybe because ARIN wasn't a party to the original proceedings that generated that order? Let's say you're eating lunch one day, minding your own business, and a sheriff comes up with an official looking document and says "You need to hand your car over to Fred..." because, unknown to you, Fred and Barney just finished court proceedings where the judge ruled that Barney had to give Fred "his" car, even though that car was owned by you and just loaned to Barney. Not a great analogy, because of the whole pink slip thing, but you get the point. -mark
Current thread:
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Mark Kent (Sep 08)
- RE: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? David Schwartz (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Niels Bakker (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Jack Bates (Sep 08)
- Tragedy of the Commons; was Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Travis Hassloch (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Joseph S D Yao (Sep 08)
- RE: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Michael . Dillon (Sep 11)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Niels Bakker (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? joe mcguckin (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? Mark Kent (Sep 08)
- Re: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? william(at)elan.net (Sep 08)
- RE: Kremen VS Arin Antitrust Lawsuit - Anyone have feedback? David Schwartz (Sep 08)