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[rpd] Fwd: "Community Property" and "Assets"
hjul.paul at gmail.com
Thu Aug 5 21:20:57 UTC 2021
EVERY RIR says that the resources are not property, are not owned by anyone.
Indeed, claiming title to integers is an absurd concept in that one of the
basic concepts of property is a right to exclusive use. No RIR can deny me
the use of 5 or any other integer, and no RIR can grant anyone any sort of
exclusive right to any particular integer. It?s just not possible.
Something minor (actually on my phone, apologies if the formating is even
IP allocations aren't property, very few sensible people would ever pretend
that they are.
I fear though that many in the community (little c, rather than big c
global Community) are trying to make IP address resources the property of
Afrinic which in turn means the property of insiders. Such people are
simply either not sensible or are brazenly dishonest.
What IP address space represents is a set of agreements and practices which
gives value and a set of rights in using particular integers when
connecting. The agreement between a resource member and Afrinic creates
rights for that member as against Afrinic. Ultimately there is a system but
unlike a patent (for example) as property an LIR doesn't have a property
based claim against the world.
The RIRs don't give you exclusivity on the actual integers but when you
give other parties an integer that you shouldn't you could be infringing on
your service agreement and so on with them, we are in the realm of
commercial agreements not property. And honestly I don't see this as a gap
I see it as intentional and if it wasn't for mayhem involving Afrinic
actually a good thing.
The effect is that an IP allocation is certainly an asset. If you look at
how you record leases you'll see this working out very well. Of course the
RIRs don't allocate on a leasing to LIR basis (for one thing it's
permanent) but the idea of a resource in which the entitity has personal
rights is the same.
To talk of IP space as property is wrong but to ignore the fact that an
allocation is an asset is equally wrong.
I think a lot of what @Jordi is putting forward is absolutely on point but
going into that is a long in overdue draft email and I fear this bit
prodding up might get this mailing list distracted, especially if as I am
certain is going to be necessary over the next week some urgent interim
concensus building on some narrow policy issues is needed.
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