Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Sabri Berisha
On Tue, Jun 29, 2004 at 12:44:43AM -0400, Charles Sprickman wrote: Hi, As far as other ISPs helping out in the form of a letter to the court, what do you need beyond a well, this is one more route we need to carry that we shouldn't have to and How do I know how to properly report abuse

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Sabri Berisha
On Tue, Jun 29, 2004 at 09:43:41AM +0200, Florian Weimer wrote: Hi, As for the netblock: I just did a quick scan and here is what I found: 64.21.0.0/17 *[BGP/170] 3d 17:52:24, MED 64, localpref 210 AS path: 6320 8001 I 64.21.1.0/24 *[BGP/170] 3d

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Johnny Eriksson
Fergie (Paul Ferguson) [EMAIL PROTECTED] wrote: Regardless, this is not a telephony issue (Can I take my cell number with me?), as the courts as seem disposed to diagnose these days, but rather, a technical one insofar as the IP routing table efficiency. No, this is not about taking a phone

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Stephen J. Wilcox
Can we stop the analogies before they begin. This is not the PSTN, comparing it to the PSTN appears to be where the court is going wrong. This is the Internet. It is internationally accepted policy that IP space is issued under a kind of license that does not give ownership or

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Laurence F. Sheldon, Jr.
Johnny Eriksson wrote: Fergie (Paul Ferguson) [EMAIL PROTECTED] wrote: Regardless, this is not a telephony issue (Can I take my cell number with me?), as the courts as seem disposed to diagnose these days, but rather, a technical one insofar as the IP routing table efficiency. No, this is not

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Edward B. Dreger
SB Date: Tue, 29 Jun 2004 09:34:03 +0200 SB From: Sabri Berisha [ editted ] SB As for the netblock: I just did a quick scan and here is what SB I found: SB I'm not sure wether or not 64.21.1.0/24 is the disputed SB netblock, but this seems the only more specific without SB AS8001 in the path.

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Randy Bush
Regardless, this is not a telephony issue (Can I take my cell number with me?), as the courts as seem disposed to diagnose these days, but rather, a technical one insofar as the IP routing table efficiency. No, this is not about taking a phone number. This is about a someone moving to a

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Bob Snyder
On Tue, Jun 29, 2004 at 12:47:42AM -0400, Patrick W Gilmore wrote: On Jun 29, 2004, at 12:44 AM, Patrick W Gilmore wrote: Of course, if you just happen to uphold INTERNET STANDARDS and only accept routes from where they should originate, I'll buy you a drink at the next NANOG for being

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Alif Terranson
On Tue, 29 Jun 2004, Bob Snyder wrote: Of course, since you're doing this based on email that NAC sent, who has been enjoined from directly or indirectly preventing the customer from using their IP space, you may be opening NAC up to further liability. Of course, using this line of

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Richard A Steenbergen
On Mon, Jun 28, 2004 at 09:38:12PM -0700, william(at)elan.net wrote: What you really should try is to have ARIN provide friend of the court brief and to explain to judge policies and rules in regards to ip space, so you need to have your laywer get in touch with ARIN's lawyer. You can

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Henry Linneweh
Since all NSP's, ISP's, ALEC's, BLEC's and CLEC's adhere to this accepted behavior and there are more than 100 I blieve the court would be on the side of the plaintiff under the 3rd amendment of the constitution. It is my understanding that doing otherwise will cause an administrative nightmare

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Randy Bush
Worse case scenario. I think this is a bad precedent, and poor judgement on the part of the defendent ISP, for the small number block they have. The long term potential harm could result in small ISP's not being able to get number blocks thus making it more difficult for small companies to

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Matthew Crocker
The TRO is irrelevant, The courts made the wrong decision, did anyone actually think they would have a clue? Here is the solution: Black ball the /24 that the customer is taking with them. Black hole any AS that announces that /24 'illegally'. The courts don't need to follow the RFC or

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Brad Passwaters
On Tue, 29 Jun 2004 11:45:40 -0400, Matthew Crocker [EMAIL PROTECTED] wrote: The TRO is irrelevant, The courts made the wrong decision, did anyone actually think they would have a clue? Here is the solution: Perhaps before proposing a solution we should make sure that all the facts are

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread william(at)elan.net
On Tue, 29 Jun 2004, Matthew Crocker wrote: The TRO is irrelevant, The courts made the wrong decision, did anyone actually think they would have a clue? Actually, after reading most of the papers which Richard just made available at http://www.e-gerbil.net/ras/nac-case/ I don't see that

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Patrick W Gilmore
On Jun 29, 2004, at 9:28 AM, Bob Snyder wrote: Of course, since you're doing this based on email that NAC sent, who has been enjoined from directly or indirectly preventing the customer from using their IP space, you may be opening NAC up to further liability. I'm not necessarily opposed to the

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Richard A Steenbergen
On Tue, Jun 29, 2004 at 09:11:08AM -0700, william(at)elan.net wrote: Actually, after reading most of the papers which Richard just made available at http://www.e-gerbil.net/ras/nac-case/ I don't see that court made an incorrect decision (it however should have been more clear enough on

RE: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Hannigan, Martin
Why would the other side(new provider) violate ARIN policy and route the space? The court order doesn't apply to ARIN, or the new provider. I'd say it would be a violation of the agreement, but I'm not a lawyer. Just a thought. -M -- Martin Hannigan (c) 617-388-2663

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Richard A Steenbergen
On Tue, Jun 29, 2004 at 12:15:33PM -0400, Matthew Crocker wrote: Black holing is a drastic step but I think decisive action needs to be taken the Internet at large to protect the routing table. I know I would *love* to gain ownership of some of my space I have from Sprint. I'm too lazy

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Gerald
On Tue, 29 Jun 2004, Patrick W Gilmore wrote: NAC had nothing to do with this. I have a long history in this and other forums of promoting aggregation, with the notable exception of multi-homed *TRANSIT CUSTOMERS* announcing routes via BGP. Suggesting providers not accept prefixes which

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Brad Passwaters
On Tue, 29 Jun 2004 12:27:43 -0400, Hannigan, Martin [EMAIL PROTECTED] wrote: Why would the other side(new provider) violate ARIN policy and route the space? They would not be legaly obligated to do so by the current TRO. However note this is supposedly a temporay use of IP space. Some

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Simon Lockhart
On Tue Jun 29, 2004 at 12:15:33PM -0400, Matthew Crocker wrote: From my understanding the customer has their own IP space allocated by ARIN and has had that space for over a year. They have already had adequate time to transition to their own space. The Internet routing table should not

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Doug White
The TRO reads to me along the lines that the customer wants protections from increased charges and fees (anything above normal rates) while they are able to move their equipment away from the co-located facilities. They do not wish to incur expenses from NAC for access to the facilities. I see

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread ed
The old legal trick of moving a case from Federal Court to a state court, is a common legal tactic where friendly judges and judge shopping can take place ( Think the SCO action against IBM over the Unix/Linux debacle) It's not a trick - the requirements for removal jurisdiction within the

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Mark Kent
If you read through http://www.e-gerbil.net/ras/nac-case/plantiff-affidavit1.pdf you'll see that NAC was blackmailing their client because they knew they could not quickly move out I think that argument is close to being bogus. The agreement doesn't say that they have to be out in 45 days:

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Richard Welty
On Tue, 29 Jun 2004 12:27:43 -0400 Hannigan, Martin [EMAIL PROTECTED] wrote: Why would the other side(new provider) violate ARIN policy and route the space? The court order doesn't apply to ARIN, or the new provider. I'd say it would be a violation of the agreement, but I'm not a lawyer.

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Jon Lewis
On Tue, 29 Jun 2004, Simon Lockhart wrote: 1) They say that they are hindered in their renumbering by not being able to get a large enough block of addresses from ARIN (I forget the exact wording). Does this mean that NAC were lax with their IP allocation policy and let the customer have

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Jon Lewis
On Tue, 29 Jun 2004, Richard Welty wrote: i suspect this will turn out to be a non-issue, even of the new provider routes the blocks and nac.net strictly obeys the requirements of the TRO. the blocks broken out of the aggregates are probably (i haven't looked) likely to be dropped by filters

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Nils Ketelsen
On Tue, Jun 29, 2004 at 01:14:05PM -0400, Richard Welty wrote: On Tue, 29 Jun 2004 12:27:43 -0400 Hannigan, Martin [EMAIL PROTECTED] wrote: Why would the other side(new provider) violate ARIN policy and route the space? The court order doesn't apply to ARIN, or the new provider. I'd say

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Richard Welty
On Tue, 29 Jun 2004 13:32:30 -0400 (EDT) Jon Lewis [EMAIL PROTECTED] wrote: So, how do your filters tell the difference between these broken out NAC routes through a new provider and multihomed customer routes with the primary provider's connection down? i've played this game from the

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Patrick W Gilmore
On Jun 29, 2004, at 1:44 PM, Richard Welty wrote: On Tue, 29 Jun 2004 13:32:30 -0400 (EDT) Jon Lewis [EMAIL PROTECTED] wrote: So, how do your filters tell the difference between these broken out NAC routes through a new provider and multihomed customer routes with the primary provider's

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread joe mcguckin
Mark, I suspect they confused 'mega' with 'kilo'. They mention 60 megawatts of power. It seems to me that the focus shouldn't be on the easy task of renumbering a /24 in 85 days (is it really just a /24?), but on moving the servers :-) There is mention of increased power charges (up to

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread John L Lee
Alex, Not being a lawyer, this is not a legal opinion, but my opinion is: What state court issued the TRO. A TRO usually is a legal technique to allow a condition to continue or not continue until a court of competent jurisdiction can "review" the issues. Since the addresses are not "owned"

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread James
quite frankly, looking at the TRO (thanks Richard for posting them here), UCI has requested permission to use Prior UCI Addresses being part of NAC, until September 1st, 2004. i am failing to see the problem with this TRO, given that customer is simply requesting relief guarantees that their

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Stephen J. Wilcox
Hi James, i would agree except NAC seems to have done nothing unreasonable and are executing cancellation clauses in there contract which are pretty standard. The customer's had plenty of time to sort things and they have iether been unable to or unwilling to move out in the lengthy period

RE: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Michael Hallgren
Hi, Hi James, i would agree except NAC seems to have done nothing unreasonable and are executing cancellation clauses in there contract which are pretty standard. The customer's had plenty of time to sort things and they have iether been unable to or unwilling to move out in the

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Peter Corlett
joe mcguckin [EMAIL PROTECTED] wrote: I suspect they confused 'mega' with 'kilo'. No, it's just the unit got mangled through sloppy usage. It was written as 60 megawatt hours, i.e. 60,000 kWh of energy. Any ISP that drew 60MW would probably be visible from space :) -- PGP key ID E85DC776 -

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Stephen J. Wilcox
On Tue, 29 Jun 2004, Brad Passwaters wrote: On Tue, 29 Jun 2004 21:07:32 +0100 (BST), Stephen J. Wilcox [EMAIL PROTECTED] wrote: Hi James, i would agree except NAC seems to have done nothing unreasonable and are executing cancellation clauses in there contract which are pretty

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread alex
Hi James, i would agree except NAC seems to have done nothing unreasonable and are executing cancellation clauses in there contract which are pretty standard. The customer's had plenty of time to sort things and they have iether been unable to or unwilling to move out in the

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread Owen DeLong
OK... I'll take the risk here... These guys look to be gross address polluters -- Here's what I found: 1. Pegasus Web Technologies is listed as AS25653 (ARIN whois) 2. route-views.oregon-ix.net has the following to say about prefixes with origin in AS25653 (only the first listed

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-29 Thread James
These guys look to be gross address polluters -- Here's what I found: * 64.21.40.0/24209.123.12.51 0 8001 25653 i hmmm notice that all of these /24's are from ^_8001_ which peers with route-views.oregon-ix.net which may from time to time include internal iBGP

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Fergie (Paul Ferguson)
Of course, this is only possible with NAT at the customer edge. Otherwise, it expands the size of the global routing system exponentially. - ferg -- Alex Rubenstein [EMAIL PROTECTED] wrote: As you can see, this TRO has widespread effects, and is something that everyone in the industry could

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Fergie (Paul Ferguson)
BTW, in which state did this occur? Any additional pointers? Thanks, - ferg -- Alex Rubenstein [EMAIL PROTECTED] wrote: Please read -- this is lengthy, and important to the industry as a whole. We ask for, and solicit, comments, letters of support, etc., for our position. We are looking for

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Alex Rubenstein
The action is taking place in the Superior Court of State New Jersey. Please contact me offlist if you are interested in helping further. On Tue, 29 Jun 2004, Fergie (Paul Ferguson) wrote: BTW, in which state did this occur? Any additional pointers? Thanks, - ferg -- Alex Rubenstein

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Edward B. Dreger
AR Date: Mon, 28 Jun 2004 23:42:26 -0400 (Eastern Standard Time) AR From: Alex Rubenstein AR The action is taking place in the Superior Court of State New AR Jersey. If the Court considers it a state matter, and lacks the ability to regulate interstate commerce, does that mean out-of-state ISPs

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread william(at)elan.net
What you really should try is to have ARIN provide friend of the court brief and to explain to judge policies and rules in regards to ip space, so you need to have your laywer get in touch with ARIN's lawyer. You can probably even force them to provide a statement or testimony (if they don't

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Patrick W Gilmore
On Jun 29, 2004, at 12:36 AM, Edward B. Dreger wrote: If the Court considers it a state matter, and lacks the ability to regulate interstate commerce, does that mean out-of-state ISPs recognizing ARIN's authority are not required to listen to the announcements? Who cares what the court thinks?

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Charles Sprickman
On Mon, 28 Jun 2004, Alex Rubenstein wrote: There has been a Temporary Restraining Order (TRO) issued by state court that customers may take non-portable IP space with them when they leave their provider. Important to realize: THIS TEMPORARY RESTRAINING ORDER HAS BEEN GRANTED, AND IS

RE: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Michel Py
What about asking the police to check the judge for drug abuse? There's more than enough evidence. Or argue that someone with an IQ below zero should not be a judge, but this might fail as most of them are former attorneys; I have more respect for common criminals than I have for most attorneys:

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Patrick W Gilmore
On Jun 29, 2004, at 12:44 AM, Patrick W Gilmore wrote: Of course, if you just happen to uphold INTERNET STANDARDS and only accept routes from where they should originate, I'll buy you a drink at the next NANOG for being a good netizien. :) P.S. That was a serious offer to any and all ISPs. Yes,

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Fergie (Paul Ferguson)
Regardless, this is not a telephony issue (Can I take my cell number with me?), as the courts as seem disposed to diagnose these days, but rather, a technical one insofar as the IP routing table efficiency. Friends of the court won't work here unless the technical implications are presented in

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Patrick W Gilmore
On Jun 29, 2004, at 12:48 AM, Michel Py wrote: In short: drop the monkey on ARIN's back. The issue that non-portable blocks are indeed non-portable is ARIN's to deal with, and partly why we are giving money to them. I wonder why ARIN, or even more importantly, ICANN has not jumped all over this.

Re: Can a Customer take their IP's with them? (Court says yes!)

2004-06-28 Thread Alex Rubenstein
I wonder why ARIN, or even more importantly, ICANN has not jumped all over this. Seems to me if IP space is not owned or something close to it by ICANN, they have lost a cornerstone of their power. We have been in contact with both ARIN and ICANN about this issue. We encourage all network