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

[Chris Ranch <CRanch () Affinity com>]

Sorry about the html.

^%$%&*.!

-----Original Message-----
From: owner-nanog () merit edu [mailto:owner-nanog () merit edu]On Behalf Of Chris
Ranch
Sent: Wednesday, June 23, 2004 10:12 AM
To: 'alex () nac net'
Cc: nanog () nanog org
Subject: RE: Can a customer take IP's with them?


Hello Alex, 
> > In other words, customer is asking a court to rule whether 
> > or not IP space should be portable, when an industry- 
> > supported organization (ARIN) has made policy that the 
> > space is in fact not portable. It can be further argued that 
> > the court could impose a TRO that would potentially negatively 
> > affect the operation of my network. 
>
>       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.  
So, do you discuss non-portable address space assignment in your 
contract? 
Where was this case filed?  NJ or federal court? 
Do let us know how it turns out.  This will establish a key legal 
precedent. 
Chris