I don't see a cause of action a third party could bring here.
In the past digital has claimed to have used a very large fraction of their allocation. Its just behind a firewall.
Any third party claim would have to be brought against arin for not applying their rules. It is a futile threat because there is no hope of court resolution before the point becomes moot.
If I was the isp in that situation hp has something I want and many others want. There is absolutely nothing to be achieved by threatening hp and much to be lost. Even if the threat worked the party that brought the case and paid for the costs would most likely not get the allocation anyway.
Rather than lay out ten million plus on a lawsuit that is unlikely to achieve the desired result the isp is going to pay hp. The risk of losing the allocation while it still has relevance is nil.
Do not expect the courts to be as willing to step into this situation and decide it the way you think it should be decided. US judges are political appointments. Most are ideologically committed to free market arguments.
The courts are certainly not going to step in unless the executive takes an issue. I don't see either party wanting to take the diplomatic cost that telling a chineese isp that they cannot buy ipv4 space from a us company that isn't using it would entail. There are much bigger concerns.
Sent from my GoodLink Wireless Handheld (www.good.com)
-----Original Message-----
From: michael.dillon@xxxxxx [mailto:michael.dillon@xxxxxx]
Sent: Friday, August 03, 2007 03:35 AM Pacific Standard Time
To: ietf@xxxxxxxx
Subject: RE: IPv4
> The only effect that threats from ARIN would have in this
> situation is to make the situation worse. HP uses the address
> space internally. Transition to a different address space
> where they are behind a NAT has real costs for them. They are
> only going to make the transition if they can recover those costs.
HP has nothing to worry about threats from ARIN. It is the threat of
lawsuits from large ISPs who have been working within the ARIN rules,
that HP should worry about. If the situation arises that ARIN cannot
supply a large ISP with the addresses that it needs, and that large ISP
suspects that HP has more addresses than they can justfy under ARIN's
policy, the the large ISP will sue HP.
HP is in a very risky postion here if they cannot meet ARIN's
requirements for justifying their address allocation. The wise move for
HP is to audit their addresses, bring themselves into compliance with
ARIN's policies, return the surplus addresses to ARIN and sign a
Registration Services Agreement (RSA).
I suspect that the main reason why HP is in this position is that the
people who manage IPv4 addresses within HP have been flying below the
radar of senior management. In HP and many other companies around the
world, IP addressing is about to come to the attention of senior
management for the first time. I would not bet that senior management
views these issues in quite the same way as their network engineers do.
--Michael Dillon
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