nanog mailing list archives

RE: Packetstream - how does this not violate just about every provider's ToS?


From: <adamv0025 () netconsultings com>
Date: Fri, 26 Apr 2019 13:01:05 +0100

Anne P. Mitchell, Esq.
Sent: Thursday, April 25, 2019 9:06 PM


On Apr 25, 2019, at 1:41 PM, Tom Beecher <beecher () beecher cc> wrote:

It seems like just another example of liability shifting/shielding. I'll
defer to
Actual Lawyers obviously, but the way I see it, Packetstream doesn't have
any contractual or business relationship with my ISP.  I do. If I sell
them my
bandwidth, and my ISP decides to take action, they come after me, not
Packetstream. I can plead all I want about how I was just running "someone
else's software" , but that isn't gonna hold up, since I am responsible
for
what is running on my home network, knowingly or unknowingly.

And *that* is *exactly* my concern.  Because those users...('you' in this
example)...they have *no idea* it is causing them to violate their ToS/AUP
with their provider.

But isn't there a law in US that protects oblivious or outright simple-mined
population from falling for these type of "easy money" schemes by
prohibiting these types of business? 
I believe there's something like that in EU (rendering pyramid schemes or
lending money with extreme interests illegal for example).
Although I appreciate that in this particular case the exact formulation
would be rather cumbersome to define. 

adam



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