<div dir="ltr"><div>Firstly I'd appreciate it if you didn't mail me personally but rather kept the discussion properly within the group. I note the carbon copy to the group so I would see what is commented without it being sent additionally to my inbox. People who act in good faith are welcome to email me separately if they want to have a more personal discussion but I don't like emails from bad faith actors, crooks or liars.</div><div><br></div><div>But let us unpack:</div><div><br></div><div><br></div><blockquote style="margin:0 0 0 40px;border:none;padding:0px"><div>The constitution (Bylaws) states the objectives clearly on what is expected from resource members.</div></blockquote><div>The bylaws (as amended as late as 2020 - and quite deleteriously so) requires this from resource members:</div><div><p style="box-sizing:border-box;margin:0px 0px 5px;color:rgb(117,117,117);font-family:Roboto,sans-serif;font-size:14px">6.4) Resource Member - A legal entity (local Internet registry or end-site) shall be deemed to be a Resource Member of AFRINIC after it has completed the following formalities cumulatively:</p><ol style="box-sizing:border-box;margin-top:0px;margin-bottom:10px;color:rgb(117,117,117);font-family:Roboto,sans-serif;font-size:14px;list-style-type:lower-roman"><li style="box-sizing:border-box">justified its need for the right to use Internet Number Resources to AFRINIC;</li><li style="box-sizing:border-box">signed AFRINIC’s Registration Service Agreement; and</li><li style="box-sizing:border-box">paid the relevant setup and membership fees related to Internet Number Resources allocated/assigned to it by AFRINIC Registration Service.</li></ol>So everything turns on what the services agreement posits is the nature of the allocation of resources. The agreement which I've got signed even after amendments and variations by Afrinic posits that the organization I represent as a member is a for profit private limited liability company incorporated under the laws of the Republic of South Africa. It is a commercial entity, it is in the business of for commercial benefit entering into commercial agreements to achieve a profit objective. Afrinic is in terms of that agreement a non-commercial entity. It has a strictly non-profit motive. It has a strict duty to allocate resources, there is no power given to re-distribute.</div><div><br></div><blockquote style="margin:0 0 0 40px;border:none;padding:0px"><div>The regulation (CPM) then empowers the organisation to carry out allocations and assignments as guided by the constitution.</div></blockquote>Exactly, the CPM etc ... provides for the allocation not the re-distribution, not the micromanagement and above all not the leasing of those resources by Afrinic on a commercial basis. The undertaking of management of entering into commercial agreements whether for profit or not for profit is determined by the member<div><br></div><div>You appear to read the power of allocation as being a power of re-distribution and of changing the goal posts of what constitutes need. This of course is designed to create a situation where internal political intrigue and inevitably corruption comes to determine "winners" and "losers", reputable organizations which require address resources will eschew the African market and the problems for investment that this eschewing brings will continue. <br><div><div><br></div><div>The bylaws and RSA very clearly talk about the commercial relationship of number resources, what they say is that Afrinic is not to be in the business of undertaking commercial activities of assigning number resources for commercial ends (it is in the business of allocating number resources to LIRs and to making direct non-commercial assignments). The lease (temporary assignment or allocation of the use of an asset or resource for a defined period of time) by Afrinic is non-commercial, the lease by the LIR to customers is generally (but not always, you can have a non-commercial LIR) commercial.</div><div><br></div><div>The problem is that some in Afrinic believe that this means that liars, bullies and thieves can under the aegis of Afrinic undertake the pillaging as was done by your good friend Ernest (and you yourself call him your friend: <a href="https://lists.afrinic.net/pipermail/community-discuss/2020-December/003814.html">https://lists.afrinic.net/pipermail/community-discuss/2020-December/003814.html</a>).</div><div><br></div><div>I am quite pleased to see that the discourse from Andrew Alston about commercialization of intergers has entered the floor. Of course this entire thing boils down to the simple question of "who commercializes the integers" and the answer is LIRs.</div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Sun, 4 Jul 2021 at 09:00, Noah <<a href="mailto:noah@neo.co.tz">noah@neo.co.tz</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div dir="auto"><div><br><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Sat, 3 Jul 2021, 17:50 Paul Hjul, <<a href="mailto:hjul.paul@gmail.com" rel="noreferrer" target="_blank">hjul.paul@gmail.com</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div dir="ltr">I am not exactly sure how you anticipate the Internet to work if address space isn't leased to the controller of an end point.<div><br></div><div>The last time I checked DHCP is entirely built around leasing - the allocation of a resource for a definite period of time. Allocation, assignment and leasing all have quite context relevant specific meanings.</div><div><br></div><div>It may help to clearly speak of commercial leasing activity - that is the allocation of a resource by the holder of the resource in exchange for a fee as part of commercial activity.</div></div></blockquote></div></div><div dir="auto"><br></div><div dir="auto">The constitution (Bylaws) states the objectives clearly on what is expected from resource members.</div><div dir="auto"><br></div><div dir="auto">The regulation (CPM) then empowers the organisation to carry out allocations and assignments as guided by the constitution.</div><div dir="auto"><br></div><div dir="auto">The agreement (RSA) enforces the constitution and the regulations.</div><div dir="auto"><br></div><div dir="auto">PS: DHCP is an open system protocol that enables network services. Network services require infrastructure. The leasing is then done on some infrastructure with the end goal of providing connectivity services based on need/request of each host.</div><div dir="auto"><br></div><div dir="auto">The Bylaws talk about the above scenario of allocating integers to support development of open systems protocol network services.</div><div dir="auto"><br></div><div dir="auto">It doesn't talk about commercialisation of integers. Nor does the CPM.</div><div dir="auto"><br></div><div dir="auto">Cheers,</div><div dir="auto">Noah</div><div dir="auto"><br></div><div dir="auto"></div></div>
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