nanog mailing list archives

Re: Online games stealing your bandwidth


From: Jeroen Massar <jeroen () unfix org>
Date: Sun, 26 Sep 2010 00:01:38 +0200

On 2010-09-25 23:53, Valdis.Kletnieks () vt edu wrote:
On Sat, 25 Sep 2010 21:43:25 BST, Matthew Walster said:

Was anything ever standardised in that field? I imagine with much of
P2P traffic being (how shall I put this...) less than legal, it's of
questionable legality and the ISPs would not want to be held liable
for the content cached there?

The ISP is off the hook on that one.  17 USC 512(2) specifically carves out an ISP
safe-harbor for data that's only cached on an ISP's servers due to an end
user's request.  IANAL, so have somebody you pay for legal advice read 17 USC 512(2)
and tell you what they think.

So it that is true, if you define "news server" as a "cache", even
though you have to buy several terabytes, make that several petabytes,
to "be able to "cache" this data one along with all the network
environment to support getting data out of this "cache", the ISP is
completely in the clear even though that "cache" is the sole single
point where one can retrieve that "cached" data from even years after
the data was originally put on the network, the original is gone and
that "cache" works without anything being attached to it ? :)

Oh, one just have to love these things called laws... good that they are
protecting the right parts of the distribution network eh ;)

Greets,
 Jeroen




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