[AFRINIC-rpd] Academic IPv4 Allocation Policy Second Draft (AFPUB-2013-GEN-001-DRAFT-02)

[Owen DeLong]

On Jan 26, 2013, at 07:04 , Andrew Alston <alston.networks at gmail.com> wrote:

> Hi Mark,
> 
> I find the wording of this kinda interesting....
> 
> (i) the numbering resources, subject matter of the present agreement, are not property (real, personal or intellectual);
> (ii) no proprietary right is being transferred in virtue of this agreement to it;
> (iii) it is bestowed with an exclusive right of use of those numbering resources within the ambit of the “need” which it has justified in its application and for no other purpose during the currency of the present agreement;
> (iv) transfer of the number resources is strictly prohibited.
> 
> Point (i) states that IP addresses are not property in any way...
> 
> Points (ii) (iii) and (iv) prohibit various actions on them....
> 
> Is there not a pretty glaring conflict here?  If the addresses are not property in any form (and hence by implication do not belong to the assignee, AfriNIC or even IANA), then points 2 - 4 are surely not enforceable, since you can't enforce rules on something that is not property.
> 

Many rules are enforceable against things which are not property, so your claim here is facially absurd.

For example, many laws govern actions by people and not property. I doubt you will get very far trying to convince the police or the judiciary that they cannot enforce the laws on you since you are not property.

Owen