Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-04 Thread Owen DeLong
> You won't find a statute defining a bank check. That's > because it derives from common-law precedent, not from any statute > that was ever written. In fact, the combination of the National Banking Act and Federal Reserve Regulations do, in fact, comprise statutes defining a bank check. Owen _

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Adam Thompson
Also, the Canadian province of Quebec has civil law based on French civil law, not English like the rest of Canada. Considering that nearly half of all major Canadian corporations have their headquarters there... I don't have to draw that picture, I think. IIRC, there's no (e.g.) adverse posse

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
That would be credit, negotiability, etc. Not a right in information. On Wed, Jun 3, 2015 at 7:29 PM, William Herrin wrote: > On Wed, Jun 3, 2015 at 6:42 PM, Seth Johnson wrote: >> I don't think you'll find very much in the way of common law rights to >> information as such. It kinda has to be

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 6:50 PM, John Curran wrote: > If (in an alternate world) IP addresses were to be deemed to be freehold > property rather > than simply a specific set of rights, then it is quite likely that they > would be USG property > (dependent upon a rather interesting and convoluted se

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 6:42 PM, Seth Johnson wrote: > I don't think you'll find very much in the way of common law rights to > information as such. It kinda has to be a statute to start with -- > and statutes giving property in information aren't really something > that happens much, except in th

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
On Wed, Jun 3, 2015 at 6:42 PM, Seth Johnson wrote: > I don't think you'll find very much in the way of common law rights to > information as such. It kinda has to be a statute to start with -- > and statutes giving property in information aren't really something > that happens much, except in th

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 6:25 PM, William Herrin mailto:b...@herrin.us>> wrote: ... Neat trap! LRSA signers, aren't you glad you signed the LRSA? All your IP are belong to ARIN. I'll have to put some thought into this one. Bill - I’ll spare you the effort, since (as far as I know) it wouldn’t be ARIN

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
I don't think you'll find very much in the way of common law rights to information as such. It kinda has to be a statute to start with -- and statutes giving property in information aren't really something that happens much, except in the areas you mention -- which were accorded to Congress to gra

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Burns
- Original Message - From: "Mike Winters" To: Sent: Wednesday, June 03, 2015 5:19 PM Subject: Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2) > It has been interesting. Trying at times, but interesting. > >>-Original Message---

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
On Wed, Jun 3, 2015 at 6:36 PM, Seth Johnson wrote: > Never mind, you're not talking copyright. > > I would think the issue would be translated into some concrete aspect > of the situation and what either formal or informal practices have > been. At best. But I think abstraction as such gets a s

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 6:24 PM, Seth Johnson wrote: > If it's copyright, the judge won't do that. There's no such thing as > an "exclusive right to use" in copyright. Hi Seth, IP addresses are definitely not copyrights. Or trademarks, patents or trade secrets. So far as I know, they're not any

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
Never mind, you're not talking copyright. I would think the issue would be translated into some concrete aspect of the situation and what either formal or informal practices have been. At best. But I think abstraction as such gets a strong assumption it isn't "owned," in any body of law in the U

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 5:19 PM, Mike Winters wrote: > Demonstrable reason: I have been using the addresses for 10 years and now > ARIN gives them to someone else causing my business to stop working > unexpectedly. > Registration or Deed/Title, it is well established that if someone uses your >

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Seth Johnson
If it's copyright, the judge won't do that. There's no such thing as an "exclusive right to use" in copyright. On Wed, Jun 3, 2015 at 1:15 PM, William Herrin wrote: > On Wed, Jun 3, 2015 at 5:02 AM, Owen DeLong wrote: >> Mr. Herrin in bringing up tortious interference claims that to be indicati

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
ing at times, but interesting. -Original Message- From: William Herrin [mailto:b...@herrin.us] Sent: Wednesday, June 03, 2015 4:15 PM To: Mike Winters Cc: arin-ppml@arin.net<mailto:arin-ppml@arin.net> List Subject: Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 201

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Winters
It has been interesting. Trying at times, but interesting. >-Original Message- >From: William Herrin [mailto:b...@herrin.us] >Sent: Wednesday, June 03, 2015 4:15 PM >To: Mike Winters >Cc: arin-ppml@arin.net List >Subject: Re: [arin-ppml] On USG 'granting of right

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 4:05 PM, Mike Burns wrote: > > Hi John, > > The point remains. You could have argued that no transfer could happen > without ARIN approval. We argued exactly that, and the language to the contrary was removed by the parties. An address block is transferred when the registr

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
Hi Mike, On Wed, Jun 3, 2015 at 2:53 PM, Mike Winters wrote: > This has been dragging on for so long, I forget what it was originally > about… Policy "improvements" to facilitate buying addressing in the ARIN region and transferring them to China. I concede fault for being one of the guys who t

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 3:44 PM, William Herrin wrote: > > On Wed, Jun 3, 2015 at 3:02 PM, Mike Burns wrote: >> You could have made a motion for standing with the judge and argued that >> Nortel did not have the right to transfer without your approval, and in that >> case you may have had the decisio

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Burns
ry system, in particular legacy legal rights which remain untested in court. Regards, Mike -Original Message- From: John Curran [mailto:jcur...@arin.net] Sent: Wednesday, June 03, 2015 3:34 PM To: Mike Burns Cc: arin-ppml@arin.net Subject: Re: [arin-ppml] On USG 'granting of rights&#x

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 3:02 PM, Mike Burns wrote: > You could have made a motion for standing with the judge and argued that > Nortel did not have the right to transfer without your approval, and in that > case you may have had the decision you say you want. Instead you negotiated > with Microsoft

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 3:02 PM, Mike Burns wrote: > My recollection is not off and my statement stands. The judge, after > consulting with counsel for Nortel on the issue, issued a motion for the > auction to commence in which he found that Nortel had the exclusive right to > transfer the addresses.

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Burns
> > Well, I remember the Microsoft/Nortel sale of all-legacy addresses allocated to defunct entities being sold in a bankruptcy court with no mention of ARIN. > In a court where the judge found that Nortel had the exclusive right to transfer the addresses before bidding began. Your recollection i

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Winters
Subject: Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2) On Wed, Jun 3, 2015 at 5:02 AM, Owen DeLong wrote: > Mr. Herrin in bringing up tortious interference claims that to be indication > of an “exclusive right to use” accompanying the number registry. >

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 2:26 PM, Mike Burns wrote: > > Well, I remember the Microsoft/Nortel sale of all-legacy addresses allocated > to defunct entities being sold in a bankruptcy court with no mention of ARIN. > In a court where the judge found that Nortel had the exclusive right to > transfer the

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Mike Burns
. > Indeed ARIN appears to have sought every other avenue in which each > case could be concluded without a judge having to reach the property question. That is also incorrect. Thanks! /John Well, I remember the Microsoft/Nortel sale of all-legacy addresses allocated to defunct entities bein

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 1:54 PM, William Herrin mailto:b...@herrin.us>> wrote: And have miraculously avoided getting it. It is obvious that such an outcome would be quite welcome. Again, it is upon others to pursue their particular beliefs if they feel legal redress is called for. ... Like when Micro

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 1:30 PM, John Curran wrote: > On Jun 3, 2015, at 1:15 PM, William Herrin wrote: >> ... >> I think the closest available framework that makes any kind of sense >> within the history of jurisprudence is that Internet address blocks >> are documentary intangible property. John

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread John Curran
On Jun 3, 2015, at 1:15 PM, William Herrin wrote: > ... > I think the closest available framework that makes any kind of sense > within the history of jurisprudence is that Internet address blocks > are documentary intangible property. John disagrees. Still, I can't > help but notice that when ARI

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread William Herrin
On Wed, Jun 3, 2015 at 5:02 AM, Owen DeLong wrote: > Mr. Herrin in bringing up tortious interference claims that to be indication > of an “exclusive right to use” accompanying the number registry. > Unfortunately, this is not true. It does represent a precedence-based > presumption about the de

Re: [arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-03 Thread Owen DeLong
Speaking only as myself and not representing the views of ARIN, the ARIN AC, or any other person, group, body, structure, vessel, corporation or SuperPAC. I believe at the heart of the difficulty coming to agreement about what rights are being transferred is the fact that one side of the debate

[arin-ppml] On USG 'granting of rights' (was: ARIN-PPML 2015-2)

2015-06-02 Thread John Curran
On Jun 2, 2015, at 11:48 AM, Mike Burns mailto:m...@iptrading.com>> wrote: First a diversion: I continue to hear RFC2050 used to buttress the continuance of needs testing today. Mike - I do not know if you are speaking of my reference to RFC 2050, but if that’s the case, I should be clear an