[Community-Discuss] [arin-ppml] Update on Litigation Between AFRINIC and Cloud Innovation ltd

John Curran jcurran at arin.net
Thu Dec 30 22:23:11 UTC 2021

On 30 Dec 2021, at 6:32 AM, Mathanya Ramaboea <mathanyawork at gmail.com<mailto:mathanyawork at gmail.com>> wrote:

How is any press release obstructing the court's job and misleading the community? Here it is obviously directed at CI's clients, which is a normal move from any private company.

Judging from the info in the statement published, I think necessity of update should come from both AFRINIC and CI now, because there seems to be a serious development in the case that has been kept from the community and we should have an idea in whose favour that would be

Mathanya -

I’m not sure why you see the release as reporting a "serious development in the case", as Cloud Innovation (CI) notes the purpose in its own words to “update its privileged clients as regards the legal dispute” and further "reassures its clients that its rights and interests as one of the major members of AFRINIC are protected pursuant to a number of Court Orders"

CI then alleges acts of improper behavior by AFRINIC over which it has initiated legal proceedings and "are yet to be determined by the competent courts.”  Finally, CI reiterates that pending such determination, its rights are protected pursuant to injunctive orders and it strives to provide continuous service to its valued clients.

This is indeed important status information for CI clients to have (and as you observe quite proper for CI to issue), but with respect to overall legal dispute it does not appear (as far as I can discern from the little information provided) to reflect a situation that is significantly different from the existing status quo – just more claims made in litigation that will need to await eventually adjudication.

Again, given that these claims are still to be determined by the courts – and that even CI indicates that it cannot at this stage "disclose the substantive elements of its claim against AFRINIC” – it wouldn’t appear reasonable to expect significant updates on this situation from either party at this time.

Happy Holidays,

John Curran
President and CEO
American Registry for Internet Numbers

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