On 5 Oct 2020, at 3:54 PM, Mike Burns
<[email protected]<mailto:[email protected]>> wrote:
Hi David,
I agree with what you’ve written below, but it begs a question for me.
If the judge ordered a deal reversed, with addresses returned to the seller,
would ARIN do that if the seller couldn’t demonstrate need?
The genesis of my question is whether a seller can use the sold ip addresses as
security for future payments.
It would make many deals easier when the buyer can’t afford the full amount but
wants to pay over time to the seller.
The seller accepts but demands return of the addresses in the case of
non-payment.
If the judge orders this return, will ARIN comply?
Mike -
It is quite likely that ARIN would process a proper order that was clear in
directing restoration of the prior state ("status quo ante”) due to contract
cancellation/rescission, but one cannot say with 100% certainty obviously
because of other factors that might be related to the dispute. Note - I speak
only with regards to parties and order with ARIN’s region, as Inter-RIR
transfers involve issues of far more complexity than can be safely predicted.
Note also that someone accepting payment over time in such circumstances would
still have to be particularly adventurous, since there is the real potential
that events leading to failure to continue payment (e.g. impairment of the
reputation of the address block) would also have materially impacted the value
of the number resources as security.
Best wishes,
/John
John Curran
President and CEO
American Registry for Internet Numbers
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