From my perspective as a bidder against Microsoft in that Nortel auction, ARIN 
transfer policies were completely ignored until the auction winner was 
announced. The proposed sale agreements we were using in our bidding 
disregarded any transfer policies at all. You may remember these were all 
legacy blocks, none of which were even registered to Nortel. The judge had 
decided these were transferrable assets belonging to the bankrupt entity, and 
could be sold. Our assumption was that the judge would order the blocks to be 
registered to the winner, but alas we never got to test that assumption as 
losing bidders. Microsoft passed a needs test and ARIN declared the transfer 
policy-compliant. 

It's true that it was the first true public IPv4 sale, and was seminal in that 
regard.

It's a disingenuous to say that ARIN transfer policy drove the market, I think 
that's cart-before-the-horse revisionism. If anything, even after the transfer 
ARIN had to be dragged into a modern transfer policy and significant RSA 
changes.

Regards,
Mike




-----Original Message-----
From: Owen DeLong <o...@delong.com> 
Sent: Tuesday, September 07, 2021 12:14 PM
To: Michel Py <mic...@arneill-py.sacramento.ca.us>
Cc: Mike Burns <m...@iptrading.com>; Fernando Frediani <fhfredi...@gmail.com>; 
arin-ppml@arin.net
Subject: Re: [arin-ppml] Change of Use and ARIN (was: Re: AFRINIC And The 
Stability Of The Internet Number Registry System)



> On Sep 5, 2021, at 12:43 PM, Michel Py <mic...@arneill-py.sacramento.ca.us> 
> wrote:
> 
>>> Michel Py wrote:
>>> The leasing thing makes it worse, though. Instead of having the 
>>> recipient be accountable for the use of these addresses, it shifts that to 
>>> who leases them. It's a smoke screen.
> 
>> Owen DeLong wrote :
>> How is this different from any other LIR? It’s a provider-assigned 
>> set of addresses, regardless of the financial and/or connectivity 
>> arrangement (or not) between the provider of the addresses and the customer 
>> using the addresses.
> 
> The timing, and the way business and justice work in other regions.

I’m afraid I’d need more clarity than is provided above to understand your 
answer.

> Oh I imagine it took a lot of back and forth between everyone, but it was the 
> right thing to do. How long did it take between the time the process was 
> initiated and the first justice decision ?
> 
> Not being directly involved, I was under the impression that the Nortel / 
> Microsoft thing was some kind of a catalyst to making it happen.

To the best of my recollection, Nortel wasn’t even bankrupt yet when the 
transfer policy work was initiated. It may well have been the first court case, 
but I do not recall it being a topic of discussion in any of the debates 
surrounding transfer policy prior to adoption.

Owen

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