[Community-Discuss] Update on legal case

Owen DeLong owen at delong.com
Thu Jul 29 01:06:02 UTC 2021

> On Jul 28, 2021, at 00:49 , JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net> wrote:


> Very good observations Paul.


> My doubt here is if there was sufficient evidence for a “real disk of dissipation”. I doubt AFRINIC is such kind of organization where the Board can take the risk of doing so without consulting the membership. Otherwise, the Board could be committing presumable illegal actions, which may have criminal personal consequences for each them.

AFRINIC’s present assets fall so far short of the judgment and AFRINIC routinely spends so much money per month on a variety of expenses that the ordinary course of AFRINIC business as expected by the members constitutes a risk of dissipation.

> I’m not convinced the Court has a good understanding of what is AFRINIC and that if AFRINIC doesn’t have funds to continue operations, the consequences for all the Internet community, not just AFRINIC members, could be generating more damages than what the order is trying to protect.

I think the court has a good understanding of the facts and the circumstances of both parties in the litigation. My observation so far is that the court system (except in one extraordinary case) has been quite fair and quite learned regarding the matters at hand.

> Court orders must be always well balanced.


> Regarding the arbitration, I may be wrong, but I don’t recall having seen that in any of the RIRs documents. Definitively it is a good point.

To the best of my knowledge, the only RIR with a binding arbitration clause in its RSA is ARIN. I admit I have not recently performed detailed research on the matter, so my information may be out of date.

Certainly it is not currently part of the AFRINIC RSA and was not part of the RSA signed in 2013.


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