nanog mailing list archives

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


From: Tom Beecher <beecher () beecher cc>
Date: Thu, 25 Apr 2019 15:41:10 -0400

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.

These guys likely just wrote a custom TOR client and a billing backend, and
are banking on the fact that most people running as the exit aren't going
to get caught by their provider. Ingenious, although shady.  I do like they
have the classic pyramid scheme going for "income off referrals", just so
make sure you KNOW they're shady if you might have suspected otherwise. :)

On Thu, Apr 25, 2019 at 3:28 PM K. Scott Helms <kscott.helms () gmail com>
wrote:

After all, it worked for Napster....


Scott Helms



On Thu, Apr 25, 2019 at 3:23 PM John Levine <johnl () iecc com> wrote:

In article <af762f22-9431-4137-b87e-2444a62bdd87@Spark> you write:
-=-=-=-=-=-

feeling cranky, are we, job?   (accusing an antispam expert of spamming
on a mailing list by having too long a .sig?)
but it’s true!  anne runs the internet, and the rest of us (except for
ICANN GAC representatives) all accept that.

to actually try to make a more substantial point, i am quite curious how
the AUPs of carriers try to disallow
bandwidth resale while permitting

• cybercafe operations and other “free wifi" (where internet service
might be provided for patrons in a
hotel or cafe)
• wireless access point schemes where you make money or get credit for
allowing use of your bandwidth (e.g. Fon)
• other proxy services that use bandwidth such as tor exit nodes and
openvpn gateways

To belabor the fairly obvious, residential and business service are
different even if the technology is the same.  For example, Comcast's
residential TOS says:

  You agree that the Service(s) and the Xfinity Equipment will be used
  only for personal, residential, non-commercial purposes, unless
  otherwise specifically authorized by us in writing. You are prohibited
  from reselling or permitting another to resell the Service(s) in whole
  or in part, ... [ long list of other forbidden things ]

Their business TOS is different.  It says no third party use unless
your agreement permits it, so I presume they have a coffee shop plan.
(The agreements don't seem to be on their web site.)  I'd also observe
that coffee shop wifi isn't "resale" since it's free, it's an amenity.

As to how do these guys think they'll get away with it, my guess is
that they heard that "disruption" means ignoring laws and contracts
and someone told them that is a good thing.

R's,
John



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