nanog mailing list archives

Re: ORBS block


From: "J.D. Falk" <jdfalk () cybernothing org>
Date: Sat, 18 Dec 1999 14:23:20 -0800


On 12/18/99, Derek Balling <dredd () megacity org> wrote: 

Anyone can do whatever he wants with his/her mail server.

The Network Operator can do whatever he wants with his network, BUT if the 
network provider has downstream customers, paying for internet 
connectivity, and the operator filters out part of that connectivity, then 
the operator has voided the contract (by filtering out a portion of the 
network the downstream may consider "important") in a manner that allows 
the downstream to bail out of any such contract. (I think such a filter 
could be considered "materially altering the service provided" although IANAL).

I think that's the gist of things from what I've seen...

        Yup, we've seen those arguments before.  It seems common for
        the operator of said network or server to say "I can do any
        damned thing I please," and users or customers to whine "no
        you can't!" without reading the contract.

        Truth is, in most contracts, the folks who own and operate
        the equipment can do whatever they please, and if their down-
        stream users/customers/wankers/whatever don't like it they
        can find another provider.

        Personally, as long as policies are clearly spelled out, I
        have no problem with that.

 ---------========== J.D. Falk <jdfalk () cybernothing org> =========---------
  |         "Well, you don't have to worship Cthulhu very long,          |
  |          but I'm told it's an interesting experience."               |
  |                                    -- Scott K. Stafford              |
 ----========== http://www.cybernothing.org/jdfalk/home.html ==========----



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