[Community-Discuss] Share About Cloud Innovation Ltd and their business

[Noah]

On Wed, Jul 28, 2021 at 1:40 AM Ronald F. Guilmette <rfg at tristatelogic.com>
wrote:


> In message <EB7A56BA-198E-480A-9F82-74561EAA7369 at me.com>,

> Barry Macharia <barry.macharia at me.com> wrote:

>

> >This is loud and clear

> >

> >Afrinic resource are meant for African region, is that also loud and

> clear too.

>

> No, actually, it isn't.  And that's the problem.

>

> I am not here to defend Lu Heng or Cloud Innovantion, but as I understand

> it, Lu Heng's claim is a simple one:  He successfully met all of the

> requirements, as necessary, in order to request and to receive, from

> AFRINIC, all of the 6,291,456 IPv4 addresses that AFRINIC did in fact

> assign to him, as of the dates when he received these allocations, which

> were four different dates in 2013 and 2014.



And here is what Lu Heng stated in 2014 about the said allocations.

https://lists.afrinic.net/pipermail/rpd/2014/004161.html




> He further contends that

> there is no legal basis, either within the RSA that he signed, or

> within the AFRINIC Bylaws, or within any community-apporved policies

> which would allow AFRINIC to now withdraw those allocations in 2021.

>


The objectives of AFRINIC below https://www.afrinic.net/bylaws#b20-3  and
the reason AFRINIC become the RIR for AFRICA.

3.4) The Company shall have, both within and outside the Republic of
Mauritius, full capacity to carry and/or undertake any business or
activity, including but not limited to the following objects:

   1. *to provide the service of allocating and registering Internet
   resources for the purposes of enabling communications via open system
   network protocols and to assist in the development and growth of the
   Internet in the African region;*
   2. *to promote the representation of AFRINIC membership and the Internet
   community of the African region by ensuring open and transparent
   communication and consensus-driven decision-making processes;*
   3. *to promote responsible management of Internet resources throughout
   the African region, as well as the responsible development and operation of
   Internet infrastructures;     *




>

> As part of these over-arching contentions, Lu Heng has also actually or

> effectively asserted that there are little or no binding requirements upon

> AFRINIC resource members that they must operate or deploy their assigned

> number resources in a manner which preferences any particular geographical

> region.

>


AFRINIC below https://www.afrinic.net/bylaws#b20-3

3.4) The Company shall have, both within and outside the Republic of
Mauritius, full capacity to carry and/or undertake any business or
activity, including but not limited to the following objects:

   1. *to provide the service of allocating and registering Internet
   resources for the purposes of enabling communications via open system
   network protocols and to assist in the development and growth of the
   Internet in the African region;*
   2. *to promote the representation of AFRINIC membership and the Internet
   community of the African region by ensuring open and transparent
   communication and consensus-driven decision-making processes;*
   3. *to promote responsible management of Internet resources throughout
   the African region, as well as the responsible development and operation of
   Internet infrastructures;     *






>

> I personally do not have sufficent information to judge whether he is

> right or wrong about any of these contentions and so I reserve judgement.

>


The courts shall decide.



> He may perhaps be right, in which case it is NOT true to say that

> "Afrinic resource are meant for {the} African region".  And if that is

> true, it may defy and fly in the face of many people's beliefs and

> expectations, including mine, but beliefs and expectations are not

> the law.



The expectations
https://www.icann.org/resources/pages/new-rirs-criteria-2012-02-25-en

IANA did not allocate to AFRINIC so that AFRINIC allocates to Heng Lu who
would then go about leasing the resources in other regions.

Why didn't Lu Heng go to APNIC, RIPE or ARIN. ?  If his intention was to
sell IPv4 addresses in those regions for profit.

The law is the law, contracts are in writing, and the courts

> are now tasked with figuring out who is in the right and who is in the

> wrong.



The RSA  https://afrinic.net/ast/pdf/services/afrinic-rsa-en-201801.pdf

4. Conditions of service
(a) Where a member, receiving service under an existing agreement applies
for a change or a variation of the
type of such service which AFRINIC has been supplying to it, evaluation of
such a “change request” will be effected in
terms of the provisions of clause (2) of the present agreement.
(b) Cooperation:


*(i) An applicant receiving service under an agreement is at all times
bound to provide to AFRINIC suchinformation, assistance and cooperation as
may be reasonably required by the latter in the provisionof the service.*

*(ii) Such request for information may also be made where AFRINIC is
investigating (reviewing) theapplicant’s utilisation of the number
resources already assigned to it.*





*(iii) Failure by the applicant, to comply with a request made at above
may:(1) entail revocation or withholding of the service supplied by
AFRINIC;(2) be taken into account by AFRINIC in its evaluation for further
and future assignment orallocation of number resources;(3) lead to the
closure of an LIR and termination of the agreement by AFRINIC.*


Cheers,
 Noah
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.afrinic.net/pipermail/community-discuss/attachments/20210728/69275ff0/attachment.html>