Dear, You and (apparently) the court in which you won the case has a poor understanding of what IP addresses are. IP addresses are not the property of LIR, they do not have proprietary properties or an object of law. The address space is only managed by RIPE, but it is not an object of ownership or an object that can be seized. Also note that this is not even an object that is "owned" by LIR. It's like if you rented a car, and someone tried to recover it in court in their favor for your debts. It's hard to say what your prospects will be in court. But if the RIPE charter provides for obtaining addresses only for LIR, I don't really understand how the address space can be transferred to you for use. Follow the procedures necessary to participate in the address management community and then (maybe) you can manage them yourself. Of course, if in your case, there are grounds for transferring this address space to you. ---- Dmitry Serbulov
Dear,
we are the sponsoring LIR of a company that has a claim against a RIPE member in Germany. This claim was confirmed by court judgment through an enforcement order. As part of the compulsory enforcement, there is a garnishment and transfer order instructing RIPE to transfer the members IP addresses.
However, RIPE refuses to comply and comes up with all sorts of ideas, e.g. that the creditor should first become a RIPE member, or that the whole matter must first be served to RIPE by a Dutch court, etc. Obviously, RIPE does not seem to care much about applicable EU law and legal proceedings.
The lawyer now recommends suing RIPE, since they are not complying with the garnishment order, thereby making themselves liable for damages, and should then directly pay the claim against the RIPE member instead of releasing the IP addresses.
That would, of course, be even easier, since nobody would have to deal with the sale of the IPs, etc.
Has anyone here ever had any experience with this? Or perhaps an idea how to get RIPE to act in compliance with the law?
-- Mit freundlichen Grüssen
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