[address-policy-wg] Conflict over right to use IP addresses in The Netherlands

On Mar 12, 2008, at 10:55 AM, Sander Steffann wrote:

> Hi,
>
> Op 12 mrt 2008, om 10:40 heeft Hank Nussbacher het volgende  
> geschreven:
>
>> If the RIPE (and other RIR) documentation on IP allocation where to  
>> be clear on these type of matters, these issues would not reach  
>> court.
>
> Unfortunately I don't know if this is ERX, PA or PI space. I think  
> that for PA and PI space the policy is clear enough. PA space stays  
> with the LIR, and PI can not be assigned to other organisations. The  
> policy even states that a contract is required between the LIR and  
> the end-user to make clear that the end-user is required to return  
> the address space when they leave the LIR.
>
> I just hope that the judge respects the RIPE policies.

Knowing some of the background, this is messy. Some observations:

- the original holder is bankrupt, so it seems the standard service  
agremeent, article 8.x applies, which means closure.
- the merger/closure procdure makes a difference between wether or not  
the closing registry will keep providing connectivity, seems this is  
not the case (otherwise it wouldn't be a problem)
- 10.2 of the service agreement states that all conflicts should be  
resolved using the arbitration procedure

Can somebody from th NCC maybe respond on this, seems to me the judge  
will be out of it's jurisdiction by accepting this case as at least  
one party (and mybe the other) signed for ripe-321.

Grtx,

MarcoH