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

Owen DeLong owen at delong.com
Fri Jan 7 17:09:12 UTC 2022

> On Dec 30, 2021, at 02:14 , DANIEL NANGHAKA <dndannang at gmail.com> wrote:
> I wonder why some members can't let the court of law do its work.
> AFRINIC has provided updates to the community where necessity of the update is important. 

Several of which have contained false or misleading claims and most of which have been quite incomplete.

> If CI is to do there press releases, there is no problem as it is also noted that they should present facts and not mislead the community. 

I think you mean “their press releases”.

Again, I am questioning the claim that what CI has presented is not factual or is misleading… IF someone actually wants to make
such a claim, then let them say exactly what the believe to be false or misleading and offer evidence to refute it. So far, that has
not happened.

> CI's press release looks vague and does not give detailed information. If you do a press release then present the exact issues otherwise just shut up and let the courts do there job. 

AFRINIC’s press releases have been similarly vague and have not offered detailed information. This is the nature of the limits
of what you can say when involved in litigation to some extent. Beyond that, of course both parties will attempt to convey themselves
in the best light as they attempt to gain ground in public opinion.

While I do some consulting for Cloud Innovation, I am not Cloud Innovation and I speak my own mind. I am as likely to criticize
Cloud Innovation as Praise it. When I believe AFRINIC has done something right, I will say so. When I believe AFRINIC is
violating its own policies and ignoring its own rules, I will say so.

Your criticism of the vagueness of press releases may be legitimate, but if so then it applies equally to both sides.

However, the press releases around these cases have been no more or less vague than virtually any other similar dispute
throughout history and this is generally true of both sides.


> On Wed, Dec 29, 2021, 23:08 Owen DeLong via Community-Discuss <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>> wrote:
> Are you saying that the cloud innovation press release contains false, misleading, or inaccurate defamatory claims about afrinic?
> Owen
>> On Dec 28, 2021, at 12:38, John Curran <jcurran at arin.net <mailto:jcurran at arin.net>> wrote:
>>> On 28 Dec 2021, at 2:49 PM, Mathanya Ramaboea <mathanyawork at gmail.com <mailto:mathanyawork at gmail.com>> wrote:
>>> I highly appreciate CI's good communication with its clients regarding the development of the lawsuit but I also agree that it would be good to see what AFRINIC also has to say on the matter, to its members and everyone else in the community. It is normal that the case involves a certain level of confidentiality but from Cheken's link it appears that AFRINIC has "repeatedly breached the Judge's order and acted in contempt of the court'', so at what cost? How would this reflect on the outcome of the litigation and everyone impacted?
>> Reference:  https://afrinic.net/court-cases <https://afrinic.net/court-cases>
>> Given that one of the matters of litigation is a claim of defamation by Cloud Innovation against AFRINIC as a result of AFRINIC’s past communications to the community about the cases, it would not surprise me in the least if AFRINIC were to be quite reticent about further communications on these legal matters – I know that I would be if ARIN faced similar circumstances, even if it went further so as to include specious representations to our community about their status.
>> FYI,
>> /John
>> John Curran
>> President and CEO
>> American Registry for Internet Numbers
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