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

Ibeanusi Elvis ibeanusielvis at gmail.com
Fri Dec 31 01:05:54 UTC 2021


Hello Daniel,

The press release is in no way obstructing the functionality and the
ability of the court to carry out its duties nor is it misleading the
community. There is nothing vague, defamatory or “not facts” about the
press release. Rather I will recommend you should study more about the
AFRINIC and it’s operations better.

Elvis.

On Fri, Dec 31, 2021 at 7:24 John Curran <jcurran at arin.net> wrote:

>
> On 30 Dec 2021, at 6:32 AM, Mathanya Ramaboea <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
>
> John Curran
> President and CEO
> American Registry for Internet Numbers
>
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