Re: Lawsuit threat against RBL users

[Karl Denninger <karl () Denninger Net>]

On Thu, Nov 19, 1998 at 05:58:10PM -0500, Bret McDanel wrote:
> but its my network and I will decide what to let in and out..  If I dont
> like someone and decide that they are guilty by association, then that is
> still my choice..  Why should I be forced to let anyone do anything to my
> network?  If that were the case, why is there packet filtering routers and
> firewalls?  Why are tcp wrappers and other ACLs around?  Becuase its
> simple, I decide what I let in and out, and I dont have to have a good
> reason to do it..  I can do whatever I want..

You are ABSOLUTELY right.

Until the "you" obtains market power.

Then you're absolutely WRONG.

That market power can be obtained by one company, or one individual.
It can also be obtained by a lot of companies and/or individuals all
doing the same thing through joint decisions, whether formally documented
or not.

I STRONGLY suggest that you, and others who beleive that you are acting
in a vacuum here, go talk to your counsel.  Today.  Seriously.

This kind of stuff is no laughing matter; Sherman and RICO contain
*criminal* provisions as well as civil (ie: sue your butt) ones.

Vix is right in that a simple lawsuit is probably baseless.  However, 
I'd be very concerned about either a Sherman or Sherman+RICO action.  
The congruence of AUPs, along with the widespread adoption of them by 
lots of people, gives rise to liabilities for joint actions that *do 
not exist* when you act alone.

--
-- 
Karl Denninger (karl () denninger net) http://www.mcs.net/~karl
I ain't even *authorized* to speak for anyone other than myself, so give
up now on trying to associate my words with any particular organization.