[address-policy-wg] RIPE staff vs Court

On Oct 21, 2009, at 8:01 PM, Mark Scholten wrote:

> Hello Max,
>
> As long as it is Dutch Court I don't see a problem.
>
> If you are against a decision RIPE did make you can go to Dutch  
> Court and
> ask if they decide to change it.


No you can't...under the standard service agreement which you signed  
when you became a LIR you signed for the conflict arbitration  
procedure which is described in RIPE-174.

To comment on the orginal complaint, seems to me you got bitten by  
RIPE-471, section 6.6:

====
6.6 Validity of an Assignment
All assignments are valid as long as the original criteria on which  
the assignment was based are still valid and the assignment is  
properly registered in the RIPE Database. If an assignment is made for  
a specific purpose and that purpose no longer exists, the assignment  
is no longer valid. If an assignment is based on information that  
turns out to be invalid, the assignment is no longer valid.

For these reasons it is important that LIRs make sure that assignments  
approved by the RIPE NCC are properly registered in the database. The  
inetnum object or objects for approved assignments must use the  
netname(s) approved by the RIPE NCC and not be larger than the  
approved size. Additionally, the date in the first “changed:”  
attribute must not be earlier than the date of the approval message  
from the RIPE NCC.

The RIPE NCC reviews assignments made by LIRs when evaluating requests  
for additional allocations (see 5.3). It also runs consistency checks  
as part of the auditing activity requested by the community as  
described in the RIPE document “RIPE NCC Audit Activity” found at: http://www.ripe.net/ripe/docs/audit.html

====

So as I understand the big question here is if the original criteria  
on which those assignments are made still are valid by changing  
registration data and administratively move them to another entity or  
country.

I guess the only people who can answer that question are the NCC  
hostmasters, please keep in mind this is a RIPE community mailinglist  
and not the NCC who you are complaining to. Nobody on this mailinglist  
has access to supporting documents or when they do are bound by NDA so  
nobody on this list is capable of making sany sane judgement wether  
this complaint is justified or what the background is for sending the  
letter about reclaiming space in the first place.

So please as a simple request, please take this to where it belongs  
and contact hostmaster at ripe about this or start a arbitration as  
described in 174:

"Initiation of the Procedure

In case of conflicts both parties should document their grievances and  
communicate them to the other party. They should then try to resolve  
the conflict between themselves. Only if such resolution has been  
tried and documented by at least one of the parties can the formal  
procedure start. The party initiating the procedure will select an  
arbiter from the pool and provide the arbiter with a written summary  
of their position in the conflict as well as documentation of their  
efforts to resolve it. The arbiter shall verify that sufficient  
attempts at direct resolution have been made. He shall then notify the  
other party that the resolution procedure has been initiated. The  
other party will then have two calendar weeks to either accept  
arbitration by this arbiter or to select one of their own from the  
pool. If they do not react within this time, the first arbiter can  
decide to proceed with the single arbiter procedure or to select  
another arbiter from the pool for the other party and proceed with the  
three arbiter procedure."

Thank you

MarcoH